Held v. Montana
A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...
Wyoming v. United States Environmental Protection Agency
The Tenth Circuit affirmed in part and vacated in part EPA's partial approval and partial disapproval of Wyoming's SIP addressing emissions at coal-fired power plants to reduce regional haze. EPA approved the SIP as to the Naughton plant, but disapproved it for the Wyodak plant, and substituted, thr...
Heal Utah v. United States Environmental Protection Agency
The Tenth Circuit denied environmental groups' petition to review approval of Utah's July 2019 revised SIP addressing regional haze. The groups argued EPA abused its discretion by approving the SIP because Utah's alternative measure did not satisfy CAA national visibility goals, and that the Agency ...
Making Net Zero Matter
This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.
Arbitrariness Review and Climate Change
This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.
Center for Biological Diversity v. United States Environmental Protection Agency
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...