The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change
ClimateChange-ClimateLaw
APRIL 23, 2021
The court correctly noted that, under the Supreme Court’s holding in American Electric Power v. Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions. The remaining question, then, is whether Section 115 preempts state law claims for some other reason.
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