Your Guide to Emerging Issues in Environmental Regulation and Litigation.
You may think you’ve seen the last of Chevron deference, but in the year since SCOTUS pronounced the era of Chevron dead, it has garnered more attention than ever. As a reminder, Chevron deference was overturned in the 2024 Loper Bright case, which held that federal courts may not defer to an agency’s interpretation of an …
The New York Department of Environmental Conservation (DEC) and the New Jersey Department of Environmental Protection (DEP) last week approved the required permits for the Northeast Supply Enhancement (NESE) pipeline project. The approval paves the way for the Transcontinental Gas Pipeline Company to build a new, 37-mile addition to the Williams Transco natural fracked gas …
When Hurricane Melissa hit Jamaica last week it was one of the strongest recorded hurricanes in the Atlantic at 185 miles per hour. For perspective, Hurricane Gilbert in 1980 tops the record at 190 miles per hour. A recent study conducted by the Imperial College in London England, using an Imperial College Storm Model called …
Member states of the International Maritime Organization (IMO) voted on Oct. 17 to delay the adoption of a comprehensive plan to decarbonize the global shipping industry. The decision came in response to threats of sanctions from the United States, which warned of tariffs, visa restrictions, and port levies against countries supporting the measure. The IMO …
Gov. Kathy Hochul recently announced two grant opportunities totaling $26 million for projects aimed at addressing the impact of climate change and protecting water quality across New York State. Twenty-four million of these funds will be made available through the Climate Resilient Farming Grant Program (CRF), and the remaining $2 million will be provided through …
Last week, the Environmental Protection Agency issued its “Policy on Provisions to Allow Wildland Prescribed Fire in Clean Air Act State Implementation Plans” in accordance with Section 4 (Strengthening Wildfire Mitigation) of Executive Order 14308, ‘Empowering Commonsense Wildfire and Response.’ This policy guidance comes in the wake of the EPA completing its largest-ever wildfire hazardous …
While the Trump administration has spent 2025 slamming the brakes on U.S. expansion of renewable energy by defunding solar and wind projects, Americans have seen their electricity costs skyrocket by more than an average of 30 percent, a trend not expected to abate any time soon. The rapid expansion of cryptocurrency mining facilities and artificial …
The Environmental Protection Agency faces a second lawsuit over the cancellation of solar energy grants promised under the now-terminated Biden-era “Solar for All” program with an Oct. 13 suit filed by Harris County, Texas. Both lawsuits filed against the agency accuse the EPA of illegally revoking money promised under the Solar for All program without …
In advance of the government shutdown, the EPA released its contingency plan on September 29, outlining its procedures during the funding lapse. Key provisions include: Exempted activities are “(1) those that are funded with unexpired appropriations where carryover funds remain unobligated, and (2) activities that are funded with appropriations that are not subject to the …
On August 13, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 and SB 261, requiring disclosure of greenhouse gas emissions and climate-related financial risks, respectively. SB 253 requires business entities — formed under the laws …