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Ass'n of Washington Business v. Washington State Department of Ecology

The Washington Supreme Court invalidated a rule promulgated by the state's Department of Ecology authorizing regulation via emission standards of businesses that do not directly emit greenhouse gases (GHGs), but whose products do. Industry groups and utility companies argued the Department lacked au...

Giovanni v. United States Department of the Navy

A district court granted the U.S. Navy's motion to dismiss a lawsuit concerning the release of perfluorochemicals from naval facilities in eastern Pennsylvania. Families in neighborhoods near the facilities argued that the Navy improperly disposed of perfluorooctane sulfonate (PFOS) and perfluorooct...

Food & Water Watch, Inc. v. United States Environmental Protection Agency

A district court denied nonprofit groups' and EPA's cross-motions for summary judgment in a challenge to the Agency's denial of a petition to regulate the fluoridation of drinking water supplies under TSCA. The groups argued that the ingestion of fluoride posed an unreasonable risk of neurotoxic har...

Giovanni v. United States Department of the Navy

A district court denied the U.S. Navy's motion to stay a lawsuit concerning the release of perfluorochemicals from naval facilities in eastern Pennsylvania. Families in neighborhoods near the facilities argued that the Navy improperly disposed of perfluorooctane sulfonate (PFOS) and perfluorooctanoi...

California v. United States Environmental Protection Agency

A district court denied EPA's request to stay a previous order requiring it to comply with its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states had argued that the Agency failed to implement and enforce the guidelines by, among other things, failing to ...

The Clean Air Act, Pigouvian Pricing, and Climate Governance

Two carbon pricing bills were introduced during the 115th Congress. Reps. Carlos Curbelo (R-Fla.) and Brian Fitzpatrick (R-Pa.) introduced the MARKET CHOICE Act during the summer of 2018. Reps. Ted Deutsch (D-Fla.) and Francis Rooney (R-Fla.) introduced the Energy Innovation and Carbon Dividend Act (Energy Innovation Act) in November 2018, and reintroduced it early in the 116th Congress, where it presently has more than 65 cosponsors. By different methods and with different comprehensiveness, both of these bills place a Pigouvian tax on greenhouse gas (GHG) emissions.

Asbestos Disease Awareness Organization v. Wheeler

A district court denied EPA's motion to dismiss a challenge to its denial of a petition to revise reporting requirements for asbestos under the Chemical Data Reporting Rule. Health and environmental groups challenged EPA's denial of their petition under TSCA and the APA, arguing that the petition wa...