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Greenhouse gases

Wyoming v. United States Bureau of Land Management

The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production...

Grandfathering Coal: Power Plant Regulation Under the Clean Air Act

In their book Struggling for Air: Power Plants and the “War on Coal,” Richard Revesz and Jack Lienke detail the history of the Clean Air Act and the political compromises that led to exempting existing power plants from...

Oklahoma v. McCarthy

A district court held that it lacks jurisdiction over Oklahoma's lawsuit against EPA challenging its proposed emission standards for coal-fired power plants. The state argues that the proposed emission standards, if adopted as a final...

In re Murray Energy Corp.

The D.C. Circuit dismissed petitions for review challenging EPA's anticipated rule restricting carbon dioxide (CO2) emissions from existing power plants. On June 18, 2014, EPA proposed a rule to restrict CO2 emissions from existing coal...

Charting an Uncertain Legal Climate: Article III Standing in Lawsuits to Combat Climate Change

In the wake of Massachusetts v. EPA, lower federal courts have been called upon to apply Article III standing rules in lawsuits featuring a variety of plaintiffs seeking to combat climate change in many different ways. In this...

Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency

The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132...

2014 Supreme Court Review and Preview

On October 1, 2014, the Environmental Law Institute held its annual U.S. Supreme Court update for the 2014 term, again featuring the leading experts in the country. ELI President John Cruden led a discussion with two of the most...

Utility Air Regulatory Group v. Environmental Protection Agency

The U.S. Supreme Court held that EPA's regulation of greenhouse gas (GHG) emissions from new motor vehicles did not automatically trigger the CAA's permitting requirements for stationary sources that emit GHGs. The Court, therefore,...

Comparing the Clean Air Act and a Carbon Price

Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy...

PT Air Watchers v. State

The Washington Supreme Court upheld the state environmental agency's determination that an EIS was not necessary for a proposed biomass cogeneration project at a kraft pulp and paper mill. An environmental group argued that by not...