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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...

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.

Advanced Biofuels Association v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and 2017 co...

United States v. Ameren Missouri

A district court granted in part a motion to stay its previous order requiring an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri, and to install air pollution control technology at a neighboring plant in Labadie, Missouri. ...

California v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to reconsider greenhouse gas emission standards for model year 2022-2025 vehicles. States and environmental groups argued that EPA violated procedural and substantive requirements imposed by the CAA and that the decision was arbitrary and capricious. The Agency...

Sierra Club v. United States Environmental Protection Agency

The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze. Environmental groups challenged the approval of Louisiana's selection of low-sulfur coal over a more effective pollutant control as the best available retrofit technology to curb emissions at a coal-fired power...

United States v. Ameren Missouri

A district court ordered an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri. EPA argued that the company increased the risk of negative health impacts and premature deaths by releasing excess tons of sulfur dioxide from its ...

New York v. Environmental Protection Agency

The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule (CSAPR). States and environmental groups argued that EPA violated the CAA by failing to require upwind states to reduce their contribution of ozone precursors to downwind states in accordance with the deadline by which ...

Wisconsin v. Environmental Protection Agency

The D.C. Circuit granted in part and denied in part a petition challenging EPA's update to the Cross-State Air Pollution Rule. Environmental groups and Delaware argued that EPA violated the CAA by failing to require upwind states to eliminate their significant contributions in accordance with the de...