Climate change litigation and law / Jean-François Masson, editor.

Format:

Book

Contributor:

Masson, Jean-François.

Series:

Climate change and its causes, effects, and prediction series.

Climate change and its causes, effects and prediction

Language:

English

Subjects (All):

Climatic changes--Law and legislation--United States.

Climatic changes.

Physical Description:

1 online resource (167 p.)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, c2010.

Language Note:

English

Summary:

Climate change is viewed as a global issue, but proposed responses require action at the national level. This book emphasizes the steps that need to be taken to reduce the growth of greenhouse gas emissions.

Contents:

Intro

CLIMATE CHANGE LITIGATION AND LAW

CONTENTS

PREFACE

Chapter 1 CLIMATE CHANGE LITIGATION: A GROWING PHENOMENON

SUMMARY

INTRODUCTION

I. CLEAN AIR ACT

Stationary Sources of GHG Emissions

The First EPA General Counsel Memorandum.

Suits Enforcing the CAA against EPA

Suits Enforcing the CAA against Stationary Sources

Mobile Sources of GHG Emissions

The Section 202 Petition Denial and the Second EPA General Counsel Memorandum

Massachusetts v. EPA: The Challenge to EPA's Petition Denial

D.C. Circuit Decision

Supreme court decision

Implications of supreme court decision

II. WILDLIFE PROTECTION STATUTES

Marine Mammal Protection Act

Endangered Species Act

III. ENERGY STATUTES

Energy Policy and Conservation Act

Outer Continental Shelf Lands Act

IV. INFORMATION STATUTES

National Environmental Policy Act

District of Columbia Circuit

Ninth Circuit

Eighth Circuit

State NEPAs

Global Change Research Act

Freedom of Information Act

V. COMMON LAW TORT

Nuisance

Negligence, etc.

VI. FEDERAL PREEMPTION

Mobile Sources of GHG Emissions: CAA Preemption

Mobile Sources of GHG Emissions: Non-CAA Preemption

VII. STATE UTILITY LAWS

VIII. INTERNATIONAL LAW

IX. COMMENTS

End Notes

Chapter 2 CALIFORNIA'S WAIVER REQUEST UNDER THE CLEAN AIR ACT TO CONTROL GREENHOUSE GASES FROM MOTOR VEHICLES

CALIFORNIA'S GREENHOUSE GAS REQUIREMENTS

EPA'S RESPONSE TO THE WAIVER REQUEST AND RESULTING LITIGATION

ACTIONS BY OTHER STATES

WAIVER CRITERIA

California's Justification of Its Waiver Request

The Decision Document's Argument for Waiver Denial

Positions of the Parties in the Waiver Denial Litigation

PREVIOUS WAIVER REQUESTS.

RELATED LITIGATION

COMMENTS AND CONCLUSIONS

Chapter 3 CLIMATE CHANGE: FEDERAL LAWS AND POLICIES RELATED TO GREENHOUSE GAS REDUCTIONS

BACKGROUND TO FEDERAL CLIMATE CHANGE POLICY: FROM "NO REGRETS" BACK TO "NO REGRETS

The International Framework

Developing Programs: EPACT and Climate Action Plans

Rejection of the Kyoto Protocol

REGULATORY PROGRAMS AFFECTING EMISSIONS OF GREENHOUSE GASES

Energy and Environmental Programs Related to Emissions Reductions

Emissions Reductions from Landfills

Significant New Alternatives Policy (SNAP) Determinations

Residential Appliance Standards

Updating State Commercial Building Codes

Corporate Average Fuel Economy (CAFE)

Renewable Fuel Standard

Distributed Energy Resources

Monitoring Rules-Carbon Dioxide Monitoring by Electric Generating Facilities

Regulatory Program Promoting Renewable Energy through PURPA Eliminated by P.L. 109-58

THE ENERGY POLICY ACT OF 2005

THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

CONCLUSION

Chapter 4 HEARING ON IMPLICATIONS OF SUPREME COURT'S EPA DECISION-BROWNER TESTIMONY

ATTACHMENT A

United States Environmental Protection Agency Washington, D.C. 20460 Office of General Counsel

I. Introduction and Background

IL Clean Air Act Authority

A. Definition of Air Pollutant

B. EPA Authority to Regulate Air Pollutants

C. EPA Authority to Implement an Emissions Cap-and-Trade Approach

III. Conclusion

ATTACHMENT B

Testimony of Gary S. Guzy General Counsel U.S. Environmental Protection Agency before a Joint Hearing of the Subcommittee on National Economic Growth, Natural Resources and Regulatory Affairs of the Committee on Government Reform and the Subcommittee on Energy and Environment of the Committee on Science U.S. House of Representatives

End Notes.

Chapter 5 HEARING ON IMPLICATIONS OF SUPREME COURT'S EPA DECISION- DONIGER TESTIMONY

Chapter 6 HEARING ON IMPLICATIONS OF SUPREME COURT'S EPA DECISION-GLASER TESTIMONY

Chapter 7 HEARING ON IMPLICATIONS OF SUPREME COURT'S EPA DECISION- KLEE TESTIMONY

OVERVIEW

THE MASSACHUSETTS V. EPA DECISION

Implications of the Massachusetts Decision

EPA's Existing Statutory Authority to Regulate Air Pollutants

National Ambient Air Quality Standards

New Source Performance Standards

Cap and Trade Programs

Chapter 8 HEARING ON IMPLICATIONS OF SUPREME COURT'S EPA DECISION- REILLY TESTIMONY

Chapter 9 THE SUPREME COURT'S CLIMATE CHANGE DECISION: MASSACHUSETTS V. EPA

EPA's Denial of the Section 202 Petition

Massachusetts v. EPA in the D.C. Circuit

Massachusetts v. EPA in the Supreme Court

Implications of the Supreme Court Decision for Mobile Sources

Other Implications of the Supreme Court Decision

CHAPTER SOURCES

INDEX

Blank Page.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher.

ISBN:

1-61324-224-7

OCLC:

730517889