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Category: Rulemaking and Legislative Practice

California To Stop Sales of New Gas-Fueled Vehicles by 2035

Earlier this week, Governor Gavin Newsom signed Executive Order N-79-20, which ends the sale of new gasoline- and diesel-powered passenger cars in California by the year 2035. The order empowers the California Air Resources Board (“CARB”) to establish a plan for requiring automakers to sell increasing numbers of zero-emissions passengers vehicles year-by-year until they comprise one hundred percent of all new car sales within fifteen years. The order also provides […]

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EPA Proposes Rule To Force Airlines To Adopt Greenhouse Gas Emissions Standards They Set For Themselves

The Trump Administration recently released the long-awaited proposal for controlling greenhouse gas emissions for aircraft. This proposed airline rule forestalls an impending lawsuit by bringing the federal government into compliance with a legal requirement under the Clean Air Act that they regulate greenhouse gas emissions from airplanes. In 2016, the EPA determined that greenhouse gases from aircraft present a danger to public health and the welfare of future generations. The […]

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The Supreme Court, the EPA, and the Question of Federal Jurisdiction Of The Clean Water Act

On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a property owner is required to obtain a National Pollutant Discharge Elimination System (“NPDES”) Permit under the Clean Water Act (“CWA”) prior to a direct discharge, or the “functional equivalent” of a direct discharge, of a pollutant to navigable waters. In an almost eerie sense of timing, two days earlier, on April 21, […]

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DC Circuit Court to EPA: Grant-Holding Scientists Cannot Be Banned From Scientific Advisory Committees

The D.C. Circuit ruled this week that EPA must discontinue its practice of banning grant recipients from serving on its federal advisory committees. This precedent-setting ruling reverses a lower court’s decision which found the EPA did not violate a conflict-of-interest statute regarding executive branch employees and related regulations. The D.C. Circuit’s ruling comes in a lawsuit seeking to overturn former EPA administrator Scott Pruitt’s October 2017 directive regarding alleged conflicts […]

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