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Treatment of Greenhouse Gases Under the Clean Air Act

By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA) have never been more pressing. This pamphlet discusses...

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

More on the American Electric Power Decision

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

EPA Endangerment Finding, Tailpipe, Timing and Tailoring Rules for Greenhouse Gas Emissions Under Clean Air Act Upheld

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

9th Circuit Affirms Dismissal in Kivalina v ExxonMobil

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection Agency regulations. "Our conclusion obviously...