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

Circle of Blue

Indiana regulates the underground storage of carbon dioxide. Wisconsin ’s environment agency once again begins drafting rules to limit PFAS pollution. . The company is seeking powers of eminent domain from state regulators. Remedies for Harmful Algal Blooms Are Available in Law and Practice — Circle of Blue. In the News.

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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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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. And, most relevant here, §7411(d) then requires regulation of existing sources within the same category.

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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.

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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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Emerging Local Legal Pathways for Building Electrification: Air Pollution and Land Use Regulation in New York City & Brookline, Massachusetts

Law Columbia

Building electrification requirements – at times called “natural gas bans,” including on this blog – are subject to a complicated interplay of federal, state and local law, and many local governments have been found or determined themselves to be preempted from one or more approaches.