Environment, Law, and History

DECEMBER 11, 2020

President Nixon signs the Clean Air Act of 1970 Richard Revesz recently posted a piece on climate change regulation, " Bostock and the End of the Climate Change Double Standard" , forthcoming in the Columbia Journal of Environmental Law.

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Legal Planet

JANUARY 25, 2022

EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act in 1970. (We As our brief details, the answer to both questions is plainly yes.

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Legal Planet

APRIL 26, 2023

The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which they attribute to the greenhouse gas emissions the companies’ products have released into the atmosphere.

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Union of Concerned Scientists

JULY 3, 2022

is a serious blow to the EPA’s ability to fight climate change—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “ Danger Season ” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climate change.

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Law and Environment

JULY 1, 2022

The decision focuses on EPA’s authority under a specific section of the Clean Air Act. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .

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Law Columbia

JANUARY 25, 2022

The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA). These impacts will only increase as climate change worsens. Consistent with the D.C.

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Legal Planet

JANUARY 13, 2022

Today, however, I’m going to focus instead on the conservative split and what it might mean for environmental law. Indeed, they say, if the statute “really did endow OSHA with the power it asserts, that law would likely constitute an unconstitutional delegation of legislative authority.” Let’s hope so, anyway. Download as PDF.

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Legal Planet

NOVEMBER 28, 2022

Local actors seek climate change damages from the biggest fossil fuel companies through state law litigation. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climate change adaptation and mitigation. Individuals, too, have brought state law cases.

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Legal Planet

AUGUST 29, 2022

Moreover, IRA § 60107 provides EPA with $87 million “to ensure that reductions in greenhouse gas emissions are achieved through use of existing authorities of [the Clean Air Act].” The post Does the New Climate Law Expand Regulatory Authority? Which pretty clearly says that EPA has existing authority.

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Legal Planet

MARCH 21, 2024

version of the rule] Thus, while the Clean Power Plan directly managed the fuel mix of utilities, the connection between the rule and automotive power sources is much more flexible. Third, the Inflation Reduction Act and the Infrastructure Law both include billions of dollars relating to electric vehicles.

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Legal Planet

OCTOBER 5, 2023

EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. I’m an appellate litigator with a focus on climate and Clean Air Act cases. For about 15 years I’ve been practicing in a very small firm.

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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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Legal Planet

MAY 11, 2023

Regulating the carbon emissions of thousands of power plants is not a choice, it’s what’s required under the Clean Air Act and subsequent determinations and court decisions.  If this all feels like deja vu, that’s because we’ve been here before. Long story short, they did and it is.

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Energy & the Law

JULY 31, 2022

A special thanks to Derek Younkers, a soon-to-be 1L at Baylor Law School, who gathered the material for this post. The common denominator is that the suits are filed in state court and allege only state law claims. The claims here are failure to warn, concealment of known hazards, and other state law claims. Suncor Energy .

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Legal Planet

JUNE 5, 2024

Even if [the Supreme Court justices] can’t intervene immediately to correct the errors of the Trump trial, justices can address the misuse of the courts in a crucial climate-change case,” Yoo writes in the National Review. “As And does the Clean Air Act, or any federal statute, really preempt state court consumer deception claims?

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Legal Planet

AUGUST 7, 2023

First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climate change because there was uncertainty about the topic and it was controversial. Are the lawsuits preempted by federal law? There are Supreme Court cases that give broad protection against “compelled speech.”

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Law and Environment

FEBRUARY 9, 2022

Mayor & City Council of Baltimore , the 10 th Circuit ruled this week that climate damage claims brought by several Colorado counties should nonetheless still be heard in state court. The most important issue in the case was whether the Clean Air “completely preempted” state law claims.

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Acoel

FEBRUARY 23, 2022

image: Climate Change and Developing Countries – Public Health Notes. Cost benefit analysis for Clean Air Act regulations has a tortuous history, which just got more twisted. The Supreme Court clouded Clean Air Act cost benefit analysis in its decision in Michigan v.

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Legal Planet

MARCH 21, 2023

A lot of this is the scale of funding—the two laws will spend money on climate policies at a far higher rate than any previous federal programs—but the laws will also involve the federal government more in climate policy, in a variety of ways. These changes come at a crucial time for the fight against climate change.

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Legal Planet

JANUARY 23, 2023

That bill, introduced in 2001 and passed the next year, told the California Air Resources Board to create such standards using ARB’s special powers under the Clean Air Act to develop more strict air pollution controls for cars than the federal government (explained here ). Tom Carper and Rep. and the world.

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Union of Concerned Scientists

MARCH 14, 2023

But the oral comments also included several speakers representing the industries producing a substantial amount of this deadly air pollution. Their main arguments include two disturbing tactics that come straight out of the disinformation playbook : casting doubt on the science, and pressing the EPA to violate a law passed by Congress.

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Law Columbia

AUGUST 31, 2022

Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The Sabin Center’s collection of congressional references to climate change can be accessed here.

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Acoel

AUGUST 14, 2023

My presentation was titled: Environmental Disasters that Led to Environmental Laws. This presentation reminded me of how our environmental laws in this country have been enacted. As many of us know well, most major federal environmental laws were enacted on the heels of major environmental disasters. So what’s next?

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Union of Concerned Scientists

MAY 19, 2022

With all the subtlety of a jackhammer, he asserted, “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. In his draft ruling, Alito conferred credibility and salience to British anti-abortion laws of the 17 th and 13 th centuries. Broader implications.

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Law and Environment

JUNE 14, 2022

The Clean Air Act generally prohibits a state from adopting its own motor vehicle emission standards. The California waiver authority does not exist to allow California to address national and global issues such as climate change.”. Unsurprisingly, California and other states sued to stop the revocation.

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Legal Planet

AUGUST 26, 2021

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

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Legal Planet

APRIL 25, 2024

Simply put, the Inflation Reduction Act has made CCS an economically feasible technology. And any claim that EPA has gotten the facts wrong is a perfectly routine administrative law issue, not an extraordinary major legal question. The second key point made by EPA is that the industry is economically marginal.

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Legal Planet

MARCH 9, 2023

In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those that pose “major questions”) must be made “pursuant to a clear delegation” from Congress.

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Legal Planet

JULY 20, 2023

Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.

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Union of Concerned Scientists

OCTOBER 6, 2022

Environmental Protection Agency (EPA) decision the US Supreme Court handed down in June curtailed strategies EPA can use to slow climate change, but its problematic implications stretch far beyond greenhouse gas reduction. The West Virginia v. Congress shares power with federal agencies. West Virginia v. EPA upends this arrangement.

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Legal Planet

JUNE 9, 2022

When the Trump Administration estimated the harmfulness of climate change, its answer was about a tenth of the Obama Administration’s estimate. The case for doing so is especially strong regarding climate change in legal terms. The Clean Air Act does not speak specifically to this issue.

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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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Capaccio

DECEMBER 8, 2022

The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change . Climate change is expected to increase the occurrence of natural hazards, which present concern for RMP facilities.

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Capaccio

DECEMBER 8, 2022

The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change . Climate change is expected to increase the occurrence of natural hazards, which present concern for RMP facilities.

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Legal Planet

SEPTEMBER 30, 2021

Today, climate change is the central, though by no means the only, concern in environmental law. The earliest mentions of these terms in the law review literature came in the late 1970s, and only one of the pre-1985 discussions took a comprehensive look at the problem. Awareness of the issue began slowly, however.

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The Energy Law Blog

JUNE 2, 2020

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. Thus, the cities and counties sought an order of abatement requiring the energy companies to fund a climate change adaptation program.

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Greenbuilding Law

OCTOBER 30, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (. yes, this blog will continue). This post originally appeared in that blog.

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