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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. By Korey Silverman-Roati. Background. Many of these cases asserted nuisance and other tort law claims.

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The Serious Risks Around Treatment of Biomethane in 45V

Union of Concerned Scientists

In December, the Treasury Department and the Internal Revenue Service proposed regulations governing implementation of the 45V Clean Hydrogen Production Tax Credit , passed as part of 2022’s Inflation Reduction Act. In particular, emissions loopholes related to biomethane and fugitive methane (i.e.,

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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

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. The move represents a lifeline for fossil fuel use in a decarbonizing energy grid.

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

Law Columbia

This week’s advancements offer two new models for local governments looking to require or promote building electrification: air pollution and land use regulation. Under WA-26, buildings built with fossil fuels will receive special permits that expire in 2030, while buildings built without them (i.e.,