Your Guide to Emerging Issues in Environmental Regulation and Litigation.
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 … Continued
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 … Continued
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 … Continued
On June 18, the U.S. Supreme Court issued a 6–3 decision in Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), authored by Justice Kavanaugh with Justices Gorsuch, Thomas, and Alito dissenting. The case concerned the U.S. Nuclear Regulatory Commission’s (NRC) approval of a 40-year license for Interim Storage Partners (ISP) to store spent nuclear … Continued
The Environmental Protection Agency announced last week a new initiative in which the agency will prioritize the review of new chemicals under the Toxic Substance Control Act (TSCA) intended for use in data center projects pursuant to Executive Order 14318, ‘Accelerating Federal Permitting of Data Center Infrastructure.’ Under TSCA, manufacturers and processors are required to … Continued
A South Carolina State Court judge in City of Charleston v. Brabham Oil Company, Inc., et al., dismissed on Aug. 6 an action against nearly two dozen oil and gas companies. The suit, initially filed in 2020, alleged the defendants contributed to harmful climate change and deceived people about the dangers of their fossil fuel … Continued
The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities. Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for … Continued
The U.S. Court of Appeals for the District of the Columbia Circuit, in a 2-1 vote on Sept. 2, ruled a lower court lacked jurisdiction to hear a case brought by non-profit groups awarded $20 billion in grants under the prior administration’s Greenhouse Gas Reduction Fund Program (GGRFP). The GGRFP was established as part of … Continued
The U.S. Environmental Protection Agency this week announced new guidance on New Source Review (NSR) preconstruction permitting requirements “to provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing.” The action, according to the agency, “provides flexibility to begin certain building activities that are not related to air emissions, such … Continued
With the rapid and exponential advancement of modern technology, there is a corresponding increase in demand for the foundational raw materials that enable such progress. Contemporary innovations, including electric vehicles, smartphones and other high-performance electronics are critically dependent on specific mineral resources such as cobalt, nickel, lithium and copper. These materials serve as indispensable components … Continued