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Air (generally)

Legal Pathways to Deep Decarbonization: Postscript

With this Article, ELR News & Analysis concludes our year-long series of excerpts from Legal Pathways to Deep Decarbonization in the United States, forthcoming from ELI Press. We believe the urgency and importance of this topic,...

The Role of Energy Efficiency in Deep Decarbonization

The Deep Decarbonization Pathways Project Report calls for major increases in building and equipment efficiency to reduce U.S. greenhouse gas emissions by at least 80 percent from 1990 levels by 2050. While the U.S. Department of Energy...

Sowinski v. Cal. Air Res. Bd.

The Federal Circuit held that the state of California did not infringe on an emissions trading-related patent, allowing the state's greenhouse gas emissions cap-and-trade program to continue. The plaintiff owns a U.S. patent that covers...

The Role of Individual and Household Behavior in Decarbonization

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), asks why household behavior matters for deep...

Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation

A district court held that owners of Volkswagen-branded franchise dealerships could move forward with their suit against an auto parts manufacturer over its alleged role in the Volkswagen diesel emissions scandal. The dealers contended...

Sierra Club v. Zinke

A district court held that BLM violated the APA when it postponed compliance with Obama-era greenhouse gas emission rules. Several states and tribal citizen groups brought suit against BLM when it published a notice in the Federal...

Proposal for a Multilateral Border Carbon Adjustment Scheme That Is Consistent With WTO Law

As the world considers how to respond to the Trump Administration’s decision to withdraw from the Paris Agreement, one possible policy response is the adoption of border carbon adjustment (BCA) schemes that are compatible with...

Columbia Riverkeeper v. Cowlitz City

The Washington state Shorelines Hearing Board denied plans to build a methanol refinery on the Columbia River because the plans failed to adequately consider greenhouse gas emissions. A manufacturing company proposed to manufacture...

Sierra Club v. FERC

The D.C. Circuit held that carbon emissions from gas-burning power plants should have been considered in federal regulators’ review of a Florida natural gas pipeline. Environmental groups and landowners challenged a FERC decision to...

Coalition for Competitive Electricity v. Zibelman

A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by federal law. In an effort to curb the effects of global warming, New York issued a Clean Energy Standard (CES) Order that created two programs...

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