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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. EPA

The D.C. Circuit held that EPA did not violate the CAA by modifying, without notice and comment, its prior understandings of how to measure a proposed transportation project’s impact on ambient levels of particulate matter. In 2006, EPA...

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...

The CAA Motor Vehicle Inspection and Maintenance Program: Is It Cost Effective?

Under the Clean Air Act, state-run vehicle inspection and maintenance (I/M) programs aim at preventing both manufacturers and consumers from circumventing or tampering with emissions control technology. Recent manufacturer cheating...

Center for Biological Diversity v. EPA

A district court ordered EPA to issue infrastructure requirements for the 2012 fine particulate matter NAAQS for five states within 90 days. In 2015, New Jersey, Pennsylvania, Washington, Illinois, Massachusetts, and Rhode Island missed...

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...

Prevention of Significant Deterioration: A Case for Repeal

The Prevention of Significant Deterioration (PSD) program was born 45 years ago from purposivist interpretation of the platitudinal phrase “protect and enhance” contained in the “findings and purposes” section of the 1970 Clean Air Act...

Natl. Parks Conserv. Assn. v. EPA

A district court denied EPA's request to amend a 2012 consent decree obligating the Agency to approve state regional haze plans. In 2011, environmental groups sued the Agency to compel it to take action on nine states' regional haze...

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