Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act …
SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to grant California a waiver to set its own greenhouse gas (GHG) …
During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. (Audio of the roughly 90-minute proceedings can be found here.) This case marks the court’s first look at the Clean Water Act following its decimation last term of the …
On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being challenged in pending court proceedings, but three justices indicated they had concerns with the rule’s legality. The October 16 …
It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire John Van Dyke to construct an oil refinery right on the spot. German-American chemist Herman Frasch …
In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus interest toward addressing climate change. Before it gained the moniker “Prop 4,” the bond measure was initially …
On June 28, in a 6-3 decision, the Supreme Court in Loper Bright Enterprises, et al. v. Raimondo Secretary of Commerce, et al., held that federal courts must exercise independent judgment in deciding whether a federal agency has acted within its statutory authority. This decision upends 40 years of precedent set forth by the court’s …
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule, set in 2015. The application of this rule was intended to address transboundary ozone pollution that can exacerbate health hazards. …
On January 17, the U.S. Supreme Court heard oral argument in Loper Bright Enterprises v. Raimondo, No. 22-451, an environmental-law dispute concerning fishery management in federal waters. The case reached the court via a petition of four commercial fishing companies challenging a federal fisheries regulation, the Magnuson-Stevens Act, which provides that the National …
The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement – as part of its State Implementation Plan – regulations that will reduce emissions, which prevent downward states from …