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Environmental Law

San Diego Journal of Climate & Energy Law

Clean Air Act

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Full-Text Articles in Law

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak Jun 2023

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak

San Diego Journal of Climate & Energy Law

The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …


Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act, Katherine A. Trisolini Jan 2013

Waste Not, Want Not: Landfill Gas To Energy Projects, Climate Change, And The Clean Air Act, Katherine A. Trisolini

San Diego Journal of Climate & Energy Law

This Article aims to address this gap, proposing how the Rule could be amended to reduce methane generally and enhance LGTE specifically.

The sections discuss legal mechanisms to reduce landfill methane emissions and promote LGTE where appropriate, focusing on the federal Clean Air Act’s potential role in regulating landfill gas emissions. Section II explains the adverse effects of methane emissions generally and the potential benefits of reducing landfill emissions specifically. Section III describes federal emissions standards under the Clean Air Act and incentive programs for expanded use of LGTE. The discussion highlights potential conflicts between divergent means of regulating landfill …


The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt Jan 2009

The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt

San Diego Journal of Climate & Energy Law

As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …