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State and Local Government › Preemption › Environmental Protection Agency (EPA)

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

Baker Donelson on

California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...more

ArentFox Schiff

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

ArentFox Schiff on

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

Foley Hoag LLP - Energy & Climate Counsel on

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

Foley Hoag LLP - Environmental Law on

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

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