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Air pollution

National Paint & Coatings Ass'n v. South Coast Air Quality Management Dist.

A California appellate court remanded in part a lower court decision denying a paint manufacturing association's petition challenging amendments to an air district rule limiting the amount of volatile organic compounds (VOCs) allowed in...

Federal Maritime Comm'n v. Los Angeles, City of

A district court denied the Federal Maritime Commission's (FMC's) motion to preliminarily enjoin portions of the Port of Los Angeles' and the Port of Long Beach's clean truck programs, which are aimed at reducing the air pollution...

American Trucking Ass'n v. Los Angeles, City of

The Ninth Circuit reversed and remanded a lower court decision denying the trucking industry's motion to preliminarily enjoin two California ports from implementing "concession agreements" designed, among other things, to reduce diesel...

<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower...

Where Federalism and Globalization Intersect: The Western Climate Initiative as a Model for Cross-Border Collaboration Among States and Provinces

Editors' Summary: This Article explores the legal and practical issues that arise where globalization and federalism intersect. A number of states and provinces in the western part of North America have joined together to reduce...

National Ass'n of Home Builders v. San Joaquin Valley Unified Air Pollution Control Dist.

A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such...

Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld an injunction enjoining the California Air Resources Board from enforcing state regulations that limit emissions from the auxiliary diesel engines of ocean-going vessels within 24 miles of California's coast....

Foreign Affairs Federalism: The Legality of California's Link With the European Union Emissions Trading Scheme

Editor's Summary: Last year, Tony Blair and Arnold Schwarzenegger signaled their commitment to join the United Kingdom and California in efforts to combat climate change. In this Article, Hannah Chang examines whether California can...

Engine Mfrs. Ass'n v. South Coast Air Quality Maintenance Dist.

The Ninth Circuit affirmed a lower court decision that the Clean Air Act (CAA) does not preempt certain provisions of local "fleet rules" requiring operators to meet specified emission standards or engine requirements, but reversed and...

Central Valley Chrysler-Jeep, Inc. v. Witherspoon

A district court stayed an automobile industry lawsuit over California's greenhouse gas rules for cars pending the outcome of the U.S. Supreme Court's decision in Massachusetts v. U.S. Environmental Protection Agency (EPA), 415...