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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52] cit [50] See, e.g., West Virginia v.

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Supreme Court rules proposed EPA regulations unconstitutional

JURIST

The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ” In West Virginia v.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards

ClimateChange-ClimateLaw

In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”

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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The West Virginia majority opinion suggests a two-prong framework for the major questions doctrine. (A Nebraska , invalidating the Biden Administration’s student loan forgiveness program.

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