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Supreme Court Environmental Rulings Boost Confidence in Alternative Energy Investments


by Thomas M. Berliner
Duane Morris LLP
San Francisco Office

Jennifer D. Cook
Duane Morris LLP
Washington Office

February 17, 2008

Two recent U.S. Supreme Court rulings on environmental issues give support to agencies and companies investing in renewable energy. On April 2, 2007, the Supreme Court ruled in Massachusetts v. Environmental Protection Agency that the EPA must consider regulating carbon dioxide emissions from vehicles, a ruling that could prompt the first national regulations addressing global warming. The same day, in Environmental Defense Fund v. Duke Energy Corp., the Court unanimously ruled against Duke Energy in a Clean Air Act appeal, backing federal efforts to force the installation of pollution control equipment on aging coal-fired power plants. As a result, energy companies can feel confident investing resources in alternative energy, since both rulings almost assuredly will boost the market for energy alternatives such as solar, wind, biomass and clean coal technology.




 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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