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What Next for the Climate Tort Cases?

Legal Planet

That brings us to the second argument that companies could make, that any deception claims relate to speech intended to influence the political process and that political speech is exempt from liability even if it is false. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

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What’s Been Killing U.S. Coal?

Legal Planet

The passage of the 1970 Clean Air Act and its major 1990 Amendments don’t show up at all in a graph of coal use. Politically, what has happened to coal jobs may be more salient. And what sparked the ensuing plunge in coal use starting with Obama’s presidency?

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Why Congress Should Pass the A. Donald McEachin Environmental Justice for All Act

Union of Concerned Scientists

That was his way as a political leader: working tirelessly and proactively to make connections and fight to ensure everyone had the right to a safe and healthy environment. Among its provisions, the legislation will: Require consideration of cumulative impacts in permitting decisions under the Clean Air Act and Clean Water Act.

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Why UCS Supporters Are Pressing EPA to Let California Enforce Its Truck Pollution Rules

Union of Concerned Scientists

California has a longstanding leadership role on transportation pollution, and the Clean Air Act grants the state the right to set strong vehicle emissions standards. While the waiver addresses California’s ability to enforce its rules, the Clean Air Act also allows other states the ability to adopt California’s policies.

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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant. Among other things, the Clean Air Act gives federal protection to wetlands.

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

Legal Planet

What has not been abundant is the political will to enact these reforms, and CARB’s reluctance to initiate a rulemaking reflects this trend. It won’t be easy to find a regulatory pathway that properly abates methane emissions, improves community health outcomes, and is politically palatable. To CARB, installing digesters is a win-win.