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Environmental Policies Preemption Greenhouse Gas Emissions

Holland & Knight LLP

Up in the Air: Congress Nullifies Clean Air Act Waivers for California

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In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'...more

Fenwick & West LLP

Trump Takes Aim At State Climate Change Laws

Fenwick & West LLP on

On April 8, 2025, President Donald Trump issued an executive order “aimed at securing America’s energy dominance by removing unlawful and burdensome state-level impediments to domestic energy production.”...more

Jenner & Block

Client Alert: New York Ushers in New Era of Climate Liability and Litigation with the Climate Change Superfund Act

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On February 6, 2025, twenty-two states and four energy industry organizations and businesses filed a lawsuit challenging New York’s “climate superfund” law. This law, signed on December 26, 2024 by New York Governor Kathy...more

Cozen O'Connor

Fuel Efficiency Rule Recharged by Democratic AG Support

Cozen O'Connor on

A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more

Holland & Knight LLP

The Impact of a Trump EPA on California's Mobile Source Rules

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Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

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In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Hogan Lovells

EPA proposes new Heavy-Duty GHG phase 3 emission standards for model years 2028-2032

Hogan Lovells on

On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing...more

Hogan Lovells

EPA grants two of three preemption waivers for CARB heavy-duty vehicle and engine regulations

Hogan Lovells on

What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more

Hogan Lovells

EPA Decision Reinstating California's Clean Air Act Waiver for GHG/ZEV

Hogan Lovells on

Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn

The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more

Jones Day

Challenges to Safer Affordable Fuel-Efficient Vehicles Rule Keep Coming

Jones Day on

On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more

(ACOEL) | American College of Environmental...

Will Federal Rollbacks Lead to the Rise of Localism?

Based on research from law professors at Harvard and Columbia, the New York Times reported this month that the Trump administration has reversed, or is in the process of reversing, almost 100 federal environmental...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Best Best & Krieger LLP

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

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