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 Collection: Congressional Research Service Reports
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report summarizes the issues the Environmental Protection Agency (EPA) encountered when developing regulations for "carbon pollution" from existing power plants as part of the Clean Power Plan. The report describes how the EPA resolved these issues. In addition to discussing details of the Clean Power Plan, the report addresses the EPA's authority under Section 111 of the Clean Air Act (CAA), the EPA's previous experience using that authority, and other background questions. The report discusses the ongoing litigation in which a number of states and other entities have challenged the rule, while other states and entities have intervened in support of the rule. It also discusses challenges to the rule under the Congressional Review Act and other options that Congress has to influence the EPA's action. digital.library.unt.edu/ark:/67531/metadc824476/
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report summarizes the Clean Power Plan rule as it was finalized on August 3, 2015, before discussing how the ongoing litigation may potentially impact the rule and its deadlines. EPA faced a number of issues and questions while developing the regulations. This report describes how EPA answered these and other questions. digital.library.unt.edu/ark:/67531/metadc847767/
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report provides a series of frequently-asked questions with answers regarding the Clean Power Plan and related litigation. On August 3, 2015, the Environmental Protection Agency (EPA) promulgated standards for greenhouse gas (GHG) emissions from existing fossil-fuel-fired power plants under Section 111(d) of the Clean Air Act (CAA); the rule, known as the Clean Power Plan (CPP), appeared in the Federal Register on October 23, 2015. digital.library.unt.edu/ark:/67531/metadc855898/
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report summarizes the issues the Environmental Protection Agency (EPA) encountered when developing regulations for "carbon pollution" from existing power plants as part of the Clean Power Plan, and describes how the EPA resolved these issues. digital.library.unt.edu/ark:/67531/metadc855813/
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report summarizes the issues the Environmental Protection Agency (EPA) encountered when developing regulations for "carbon pollution" from existing power plants as part of the Clean Power Plan. The report describes how the EPA resolved these issues. digital.library.unt.edu/ark:/67531/metadc847565/
Regional Haze: EPA's Proposal to Improve Visibility in National Parks and Wilderness Areas
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EPA Delays Decision on 2014 Renewable Fuel Standard to 2015
This report discusses the 2014 Renewable Fuel Standard (RFS) that sets the annual minimum use requirements for biofuels in the nation's transportation fuel supply. digital.library.unt.edu/ark:/67531/metadc491020/
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
This report discusses climate change and surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto. digital.library.unt.edu/ark:/67531/metadc332978/
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
This report surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto. digital.library.unt.edu/ark:/67531/metadc463402/
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
This report surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto. digital.library.unt.edu/ark:/67531/metadc463021/
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
This report discusses climate change and surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto. digital.library.unt.edu/ark:/67531/metadc267842/
Climate Change Litigation: A Survey
This report focuses on the legal debate surrounding climate change. Though the first court decision related to climate change appeared 19 years ago, such litigation has proliferated in just the past six. digital.library.unt.edu/ark:/67531/metadc700681/
The Commerce Clause as a Limit on Congressional Power to Protect the Environment
Several times during the 1990s the Supreme Court struck down federal enactments as exceeding Congress' power under the Commerce Clause or Tenth Amendment. This report briefly reviews three of these decisions -- United States v. Lopez, New York v. United States, and Printz v. United States. Its focus, however, is how these cases have played out in subsequent lower-court challenges to federal environmental laws. The report shows that Supreme Court rulings in favor of these states notwithstanding, such laws have generally, though not always, been found within Commerce Clause and Tenth Amendment limits. digital.library.unt.edu/ark:/67531/metacrs969/
Constitutional Bounds on Congress' Ability to Protect the Environment
This report reviews five newly-emergent constitutional areas related to environmental issues, based on Supreme Court decisions. For each area, the focus is its significance for current and future federal environmental legislation. digital.library.unt.edu/ark:/67531/metadc824671/
Constitutional Constraints on Congress' Ability to Protect the Environment
Federal protection of the environment must hew to the same constitutional strictures as any other federal actions. In the past decade, however, the Supreme Court has invigorated several of these strictures in ways that present new challenges to congressional drafters of environmental statutes. This report reviews six of these newly emergent constitutional areas, with special attention to their significance for current and future environmental legislation. digital.library.unt.edu/ark:/67531/metacrs1186/
The Endangered Species Act and Private Property
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution. digital.library.unt.edu/ark:/67531/metadc26028/
The Environmental Opinions of Judge Samuel Alito
This report is based on a review of all the reported environmental decisions of the Third Circuit in which Judge Alito was on the three-judge panel that initially decided the case, or in the en banc group of judges that heard the case on review of the panel decision. It does not confine itself, as did the recently reported Washington Post study, to Third Circuit opinions in which there was a dissent.2 We construe “environmental” broadly to include insurance coverage, Fourth Amendment, and other issues arising in an environmental context — and included 34 decisions in our review. digital.library.unt.edu/ark:/67531/metacrs8136/
Federal Agency Actions Following the Supreme Court's Climate Change Decision in Massachusetts v. EPA: A Chronology
This report offers a chronology of major federal agency actions, mainly by EPA, that involve GHGs or climate change and that occurred in the wake of Massachusetts v. EPA, a ruling that greenhouse gases are "air pollutants" via the Clean Air Act. As such, they are not under the EPA's jurisdiction. digital.library.unt.edu/ark:/67531/metadc85381/
Federal Civil and Criminal Penalties Possibly Applicable to Parties Responsible for the Gulf of Mexico Oil Spill
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities. digital.library.unt.edu/ark:/67531/metadc490934/
The Future of the Citizen Suit After Steel Co. and Laidlaw
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The Liability Exemptions in the Senate Brownfields Bill (S. 350)
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The Liability Exemptions in the Senate Brownfields Bill (S. 350)
This report deals solely with the liability provisions of S. 350, found in Title II of the bill. (The manager’s amendment does not concern these.) These provisions cover three types of innocent parties: (1) owners of properties contaminated from contiguous properties, (2) prospective purchasers, and (3) innocent landowners. digital.library.unt.edu/ark:/67531/metacrs10009/
Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits. digital.library.unt.edu/ark:/67531/metadc491395/
Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits. digital.library.unt.edu/ark:/67531/metadc29637/
Preemption Language in Federal Environmental Statutes
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Right to a Clean Environment Provisions in State Constitutions, and Arguments as to a Federal Counterpart
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Superfund Act Reauthorization: Liability Provisions of Leading Congressional Proposals
No Description digital.library.unt.edu/ark:/67531/metacrs965/
The Supreme Court Addresses Corps of Engineers Jurisdiction Over "Isolated Waters": The SWANCC Decision
No Description digital.library.unt.edu/ark:/67531/metacrs2045/
The Wetlands Coverage of the Clean Water Act Is Revisited by the Supreme Court: Rapanos v. United States
This report discusses the Supreme Court decision in Rapanos v. United States, which addressed the asserted jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over wetlands adjacent to "waters of the United States," the problematic phrase used by the Clean Water Act (CWA) to define the geographic scope of the act's wetlands permitting program. digital.library.unt.edu/ark:/67531/metadc847676/
The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court: Rapanos v. United States
This report discusses the Supreme Court decision in Rapanos v. United States, which addressed the asserted jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over wetlands adjacent to "waters of the United States," the problematic phrase used by the Clean Water Act (CWA) to define the geographic scope of the act's wetlands permitting program. digital.library.unt.edu/ark:/67531/metadc821100/
Clean Air Standards: The Supreme Court Agrees to Review
In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the non-delegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards. digital.library.unt.edu/ark:/67531/metacrs1128/
The D.C. Circuit Remands the Ozone and Particulate Matter Clean-Air Standards:
On May 14, 1999, in American Trucking Ass'ns v. EPA, a U.S. court of Appeals ruled that deficiencies in EPA's promulgation of new primary and secondary air quality standards required that they be remanded to the agency for further consideration. The decision is controversial, in part because the two-judge majority opinion relied principally on a long-moribund legal doctrine known as the nondelegation doctrine. The decision, if it survives appeal, will thus have implications for all delegations of congressional authority to agencies. In addition, its holding that the revised ozone ambient standard cannot be enforced has sparkled debate. By itself, however, the decision is unlikely to have major short-term effects on the ozone and particulate matter control programs digital.library.unt.edu/ark:/67531/metacrs937/
Polar Research: U.S. Policy and Interests
No Description digital.library.unt.edu/ark:/67531/metacrs355/
Antarctica: Environmental Protection, Research, and Conservation of Resources
This report discusses protocols and treaties designed and implemented to protect Antarctica as a haven for environmental research, preservation, and conservation, as well as related legislation and Congressional efforts. digital.library.unt.edu/ark:/67531/metacrs192/
Market-Based Environmental Management: Issues in Implementation
Increasingly, efforts to protect integral features of the natural environment that are essential to human well being face a double challenge. First, the magnitude of some conventional and emerging threats to environmental quality is growing, despite solid progress in controlling some causes. This is particularly the concern on a global scale in terms of atmospheric changes and loss of biological diversity. Second, easily-implemented uniform control methods using feasible technologies or other direct regulatory approaches are already in place for many pollution and resource management problems in the United States. Additional progress with so-called command and control policies can be expensive and disruptive, and thus counter productive to overall economic well being. This type of dilemma is common where environmental deterioration results from diffuse and complex causes inherent in technically-advanced high-consumption industrial societies such as the U.S. Solutions to these types of environmental problems are complicated by the diffuse benefits which obscures the net gains of additional controls that have concentrated and highly visible costs. Given this double bind, many policy analysts and academics have for years advocated more cost-effective and flexible approaches relying on market forces to further some environmental management objectives. Although market-based theory and practical environmental policy are still far apart, the incremental approach to environmental policymaking since the late seventies has resulted in some market-type innovations within traditional regulatory frameworks at all levels of government. The most prominent examples are the Environmental Protection Agency's (EPA) air emissions trading program and the recently enacted sulfur dioxide allowance trading program under the 1990 Clean Air Act Amendments. digital.library.unt.edu/ark:/67531/metadc26038/
Global Climate Change: A Concise History of Negotiations and Chronology of Major Activities Preceding the 1992 U.N. Framework Convention
This report discusses the ongoing international policy debate regarding Global Climate Change and U.S. involvement in the issue of global climate change.The report provides an historical context of the current debate, which is important in understanding the fundamental issues about global climate change. digital.library.unt.edu/ark:/67531/metacrs527/
Global Climate Change: Adequacy of Commitments Under the U.N. Framework Convention and the Berlin Mandate
This report discusses the United Nations Framework Convention on Climate Change (FCCC) convened July 8-19, 1996, in Geneva, Switzerland. digital.library.unt.edu/ark:/67531/metacrs286/
Global Climate Change: Congressional Concern About "Back Door" Implementation of the 1997 U.N. Kyoto Protocol
This report discusses legislation and issues relating to global climate change, some legislation and some FY1999 appropriations bills were used as vehicles for explicit congressional direction to the executive branch about possible "back door" implementation of the Kyoto Protocol. digital.library.unt.edu/ark:/67531/metacrs844/
Global Climate Change
This report discusses different perspectives used to consider issues related to the global climate change and issues related to the 1992 U.N. Framework Convention on Climate Change and the 1997 Kyoto Agreement. digital.library.unt.edu/ark:/67531/metacrs1393/
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties
The Oil Pollution Act of 1990 (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone. Among other provisions, OPA limits certain liabilities of a responsible party in connection with discharges of oil into such areas. This report addresses liability under OPA for removal costs and damages, and the basic procedure for recovering removal costs and damages from the Oil Spill Liability Trust Fund in the event that the responsible party fails to settle such claims. digital.library.unt.edu/ark:/67531/metadc491360/
Leaking Underground Storage Tank Trust Fund (LUST)
No Description digital.library.unt.edu/ark:/67531/metacrs431/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics. digital.library.unt.edu/ark:/67531/metadc287985/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics. digital.library.unt.edu/ark:/67531/metadc282307/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics. digital.library.unt.edu/ark:/67531/metadc282294/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics. digital.library.unt.edu/ark:/67531/metadc332908/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics. digital.library.unt.edu/ark:/67531/metadc333007/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. digital.library.unt.edu/ark:/67531/metadc463047/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. digital.library.unt.edu/ark:/67531/metadc463053/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. digital.library.unt.edu/ark:/67531/metadc463454/
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. digital.library.unt.edu/ark:/67531/metadc461899/