Legal Planet

AUGUST 26, 2021

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climate change. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant.

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Legal Planet

JULY 12, 2023

The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the state constitution’s guarantee to a “clean and healthful environment.” Whether climate change impacts to Montana’s environment can be measured incrementally.

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Law and Environment

DECEMBER 20, 2023

It also announces that the Department of Energy (“DOE”) will release an updated GREET model in early 2024 that meets Section 40B’s requirements for determining SAF’s lifecycle greenhouse gas (“GHG”) emissions reductions. Or, they may use “any similar methodology that satisfies the criteria under § 211(o)(1)(H) of the Clean Air Act.”

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Legal Planet

OCTOBER 26, 2023

To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. Agricultural operations are almost uniquely unregulated.

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PA Environment Daily

SEPTEMBER 29, 2023

Shapiro released the consensus recommendations by the Climate and Energy Work Group of organized labor, energy industry, consumer and environmental stakeholders to discuss Pennsylvania’s energy future, including the Regional Greenhouse Gas Initiative. NewsClip: -- AP: Gov.

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Law and Environment

JANUARY 27, 2022

EPA , which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. Of course, the EEI did so to ensure that the Clean Air Act continues to act as a shield against private tort actions over carbon emissions, but still. As everyone knows, the Supreme Court has teed up West Virginia v.

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MGKF Law

JUNE 30, 2022

EPA , the Supreme Court limited the authority of the United States Environmental Protection Agency (EPA) to reduce greenhouse gases by setting emission guidelines for existing power plants, characterizing the energy generation shifting strategy proposed in the Clean Power Plan (CPP) as an overreach of the agency’s power.

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MGKF Law

AUGUST 2, 2023

On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the Clean Air Act (“CAA”).

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Law Columbia

OCTOBER 25, 2017

We know that burning fossil fuels is the main cause of anthropogenic climate change, and that climate change is the source of adverse impacts on communities and even regional and national economies. Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders.

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PA Environment Daily

JUNE 30, 2022

Environmental Protection Agency to limit greenhouse gas emissions from power plants under the Clean Air Act. Today’s decision does not change how we must respond to climate change: boldly, quickly, and with love for our neighbors. Supreme Court released its decision on West Virginia V.

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E2 Law Blog

MAY 31, 2022

EPA ) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints. This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v.

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Law and Environment

MARCH 10, 2022

EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA.

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Legal Planet

SEPTEMBER 6, 2022

Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions.

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SPR Law

JULY 15, 2022

Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.

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Legal Planet

MARCH 21, 2024

Fourth, unlike the Clean Power Plan, this regulation is not just about greenhouse gases and climate change. It also applies to conventional air pollutants – the same pollutants that EPA has regulated since the Clean Air Act was passed in 1970.

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Law Columbia

MARCH 29, 2024

This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure.

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Law Columbia

MARCH 8, 2023

The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Source: iratracker.org The IRA is this country’s largest climate investment to date. For example, by selecting “EPA” on the database homepage, users can see a list of the IRA programs EPA is responsible for implementing.

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Union of Concerned Scientists

JANUARY 18, 2024

Foremost among these is a legal memo from EPA regarding Treasury’s interpretation and implementation of “lifecycle greenhouse-gas emissions” in 45V. Though seemingly obscure, this memo is fundamental to justifying Treasury’s proposed three-pillars approach.

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Law Columbia

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts.

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E2 Law Blog

SEPTEMBER 19, 2023

These include: (1) mitigating climate change, (2) addressing PFAS contamination, and (3) protecting communities from carcinogenic coal ash contamination. 1) Mitigating Climate Change. Three new NECIs. See David M. Uhlmann, Memorandum: FY 2024 – 2027 National Enforcement and Compliance Initiatives (Aug. 17, 2023). (1)

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Arnold Porter

MARCH 15, 2023

Grey counsels a wide array of clients on regulatory, policy, and compliance matters related to climate change, including the federal Renewable Fuel Standard, California's Low Carbon Fuel Standard, the Clean Air Act, and other state and international initiatives on transportation sector greenhouse gas emissions.

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Environment, Law, and History

JANUARY 12, 2022

A recent post by Dan Farber at Legal Planet discussed the issue of when climate awareness began to enter American law. In "The Origins of Climate Awareness in the Legal Academy" , Farber writes: The earliest clear references to climate change that turned up in my search. were in 1978 articles about nuclear energy.

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Columbia Climate Law

APRIL 24, 2020

EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule. The Clean Power Plan was the Obama Administration’s rule regulating greenhouse gas emissions from fossil fuel-fired power plants, the nation’s largest stationary source of climate pollution.

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PA Environment Daily

APRIL 21, 2022

Environmental Protection Agency issued for public input a draft white paper on control techniques and measures that could reduce greenhouse gas (GHG) emissions from new stationary combustion turbines. On April 21, the U.S. These turbines, which are currently projected to be a significant part of U.S.

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The Energy Law Blog

JANUARY 6, 2010

By Stephen Wiegand On December 15, 2009, EPA published in the Federal Register its final endangerment findings with respect to greenhouse gases. In its findings published on December 15, EPA concluded that six greenhouse gases taken in combination may reasonably be anticipated to endanger public health and public welfare. See 74 Fed.

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Legal Planet

AUGUST 22, 2023

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.

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PA Environment Daily

JUNE 30, 2022

The Good The Supreme Court left the EPA’s overall ability to regulate greenhouse gases intact. It agreed with settled science that carbon dioxide from the combustion of fossil fuels is the major source of greenhouse gases, and that climate change is real.

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Regulations Carbon Dioxide Clean Air Act Fossil Fuels 40

Law Columbia

DECEMBER 5, 2019

This blog is based on a talk given to the Climate Change: Response and Resilience Leadership Forum at Columbia University on November 20, 2019, sponsored by RenaissanceRe. We know that, mostly as a result of climate change, extreme weather events are becoming more frequent and severe.

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Law and Environment

MAY 12, 2023

It was the at the core of the previous challenge to President Obama’s Clean Power Plan, which the Supreme Court rejected in West Virginia v. Of course, the sector largely made the shift on its own because of economics, even though the Clean Power Plan was held up in litigation and never went into effect.) For more on West Virginia v.

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Real Climate

APRIL 2, 2021

But this also raises other questions: 1) Can we expect the season to continue to lengthen as global warming from increasing concentration of globally well mixed greenhouse gas (GWM-GHG) continues to warm the Atlantic SSTs? and European Clean Air Acts and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al.

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Law Columbia

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. filed June 5, 2017; emergency motion for stay granted July 3, 2017).

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Environment Next

FEBRUARY 1, 2022

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.

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Law Columbia

JANUARY 6, 2014

On June 25, 2013, President Obama delivered a major speech on the topic of climate change. In it he outlined a broad policy agenda aimed at addressing the challenges posed by the changing climate.

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Clean Air Act Climate Change Carbon Dioxide Fossil Fuels 40

Corp Watch

JANUARY 25, 2024

New Shell documents could aid climate cases, attorneys say Follow the Money PaulaR Thu, 01/25/2024 - 16:59 Thursday, January 18, 2024 Read more Matthew Green, Merel de Buck & Birte Schohaus Latest Shell-files show that the company reflected on climate change caused by fossil products as early as the 1970s.

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Legal Planet

AUGUST 2, 2023

Still, the fact that this draft rule follows the passage of the Inflation Reduction Act of 2022 (“IRA”) has enabled the EPA to be relatively stringent. The Clean Air Act requires that the EPA’s emission limits be based on the best system of emission reduction adequately demonstrated and accounting for cost , among other things.

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Acoel

JUNE 30, 2021

Environmental counsel must be strategic and look at holistic risk and opportunity rather than just interpret existing regulations relating to the Clean Air Act or RCRA. As new facilities are built or lines expanded, is the GHG emission and climate change impact considered up-front?

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Corp Watch

MARCH 1, 2024

Climate change: Extinction Rebellion end blockade at Shell's Aberdeen HQ The BBC | January 16, 2020 Extinction Rebellion protesters have ended a blockade at the entrances to Shell's Aberdeen headquarters. References: The oil spills of Ogoniland Shell pays out $15.5m

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