The D.C. Circuit upheld EPA's 2022 decision to reinstate a prior waiver of federal preemption of two California regulations concerning automobile emissions under the CAA.
A district court granted summary judgment for 21 states in a challenge to the Federal Highway Administration's (FHwA's) rule requiring each state to set declining targets for tailpipe carbon dioxide (CO2) emissions from vehicles on the National Highway System.
The April issue of ELR features articles on state corporate climate disclosure laws; climate justice litigation in the United States; and the Ninth Circuit's ruling overturning the city of Berkeley's ban on natural gas infrastructure in new buildings. The issue also includes a transcript from a recent webinar that discussed Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, in which the U.S. Supreme Court recently heard argument, takeaways from oral argument, and predictions for how the Court might rule.
California's corporate climate disclosure requirement was challenged in court for violating the "compelled speech" doctrine. Regardless of the ongoing First Amendment lawsuit, CCD laws hold great promise.