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Environmental Law; Climate Litigation; West Virginia v. EPA; Environmental Protection Agency; Clean Air Act; Conservative Supreme Court; Michigan v. EPA; Massachusetts v. EPA; Greenhouse Gas Emissions; Statutory Amendment; Political Polarization; Canvassing
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Full-Text Articles in Administrative Law
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell
Brooklyn Law Review
The urgent need to cool the atmosphere and slow the effects of climate change is evident all around us. However, half of Congress and large swaths of the American public are still not on board, and the highest Court in the land just knee-capped the EPA’s power to regulate effectively. This note looks at the implementation and amendment of the Clean Air Act and subsequent deviation from the Act’s bipartisan roots to its current highly political polarizing status. It then reviews twenty-first century caselaw affecting climate policy to highlight statutory and judicial barriers to progress. Culminating with the recent Supreme …