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Recentering Environmental Law: A Thought Experiment

Legal Planet

How would environmental law look different and how might we be thinking about it differently? First of all, we would have had a very different understanding of the air pollution problem. We thought that the key to reducing air pollution was to require better pollution control devices. Download as PDF

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

Law Columbia

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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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

Through the Clean Air Act , and as affirmed—and reaffirmed—through multiple legal sagas, EPA is statutorily obligated to address carbon pollution from fossil fuel-fired power plants. Indeed, EPA still retains the ability to set strong standards that curtail carbon pollution at the scale, speed, and rigor required.

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FRESH, October 4, 2022: Carbon Dioxide Storage and Transport Emerges as Political Flashpoint

Circle of Blue

Remedies for Harmful Algal Blooms Are Available in Law and Practice — Circle of Blue. As septic pollution roils Higgins Lake, Michigan lawmakers consider reform — Bridge Michigan. Eric Holcomb has signed a law regulating the underground storage of carbon dioxide, the Northwest Indiana Times reports. In the News. Other News.

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2021-2022 California Environmental Legislation: What’s Been Enacted?

Legal Planet

The Governor approved a notable slate of climate legislation with a package that includes more stringent greenhouse gas (GHG) emission targets and measures designed to reduce the state’s reliance on fossil fuels. Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point.

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Pennsylvania Commonwealth Court Holds that Regional Climate Program Rule is an Illegal Tax

MGKF Law

The holding halts former Governor Tom Wolf’s efforts to make Pennsylvania the first major fossil-fuel producing state to implement a price on carbon emissions. Bowfin KeyCon Holdings, LLC vs. Pa. Dep’t of Env’t Prot. Env’t Quality Bd. 2023 WL 7171547, at *1 (Pa. Env’t Quality Bd.

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Catch 22 at the Supreme Court

Legal Planet

CT , the Supreme Court said this: We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2011, in AEP v. Connecticut , 564 U. 410 (2011). Post, at 20. Milo Minderbinder would be very pleased.