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Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice

Law and Environment

Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.

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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. Nuclear power regulation D. Here goes: I.

Law 230
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America’s Leading Environmental Court

Legal Planet

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in years to come. It deserves more.

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Guidance Is Still Not the Same as Regulation

Law and Environment

In rejecting Montana’s SIP, EPA repeatedly pointed to Montana’s failure to comply with EPA’s guidelines for determining Best Available Retrofit Technology, even though the guidelines were not enforceable regulations. Congress required in the Clean Air Act that EPA develop guidelines for determining BART.

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Taking A Data-Driven Tour of Air Pollution Law

Legal Planet

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. Some of the findings are not surprises: stricter regulations actually do result in improved air quality. Many people identify that discipline with cost-benefit analysis and assume that economists are opposed to regulation.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. Agricultural employees are excluded from the protections of the National Labor Relations Act.

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.