The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change
Law Columbia
APRIL 23, 2021
The court correctly noted that, under the Supreme Court’s holding in American Electric Power v. Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions. The Magnuson-Stevens Act of 1976 has a provision titled “Reciprocity” that provides that foreign vessels may not fish in U.S.
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