Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Despite boasting the largest population in the United States and being one of the most sought-after places to the live on earth, over the last couple of decades New York City has increasingly struggled with a shortage of housing. Restrictive zoning regulations and New Yorkers leery of the prospect of skyscrapers popping up in their … Continued
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 … 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
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
Following years of heightened concern about the dangers of exposure to ethylene oxide (EtO), increased regulatory oversight, and a steady hum of litigation, in 2025 it seems like things might be changing for the beleaguered industry dependent upon this highly effective but potentially cancer-causing sterilizing gas. With a new administration in the White House, a U.S. … Continued
The National Environmental Policy Act (NEPA) applies to a major federal action that significantly affects the quality of the human environment. On June 30, several federal agencies took their own federal action which will likely have significant impacts in how NEPA is implemented in the future. In particular, the Federal Energy Regulatory Commission, Department of … Continued
The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards. The administration believes these regulations have “imposed massive costs on coal-, oil-, and gas-fired power plants, raising the cost of living for American families, imperiling the reliability of … Continued
The new administrator of the Environmental Protection Agency, Lee Zeldin, announced March 12 the agency would be rolling back 31 key environmental provisions that regulate air pollution, water protections, and the energy sector. A few of the key rollbacks are: These announced rollbacks are only the first step in a lengthy process required to enact … Continued
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 … Continued
California Gov. Gavin Newsom on October 14 signed into law Assembly Bill X2-1, significantly increasing the authority of the California Energy Commission (CEC) to create requirements for the state’s oil refiners to preserve minimum inventories of state-compliant refined transportation fuels. Authored by assemblymembers Gregg Hart and Cecilia Aguiar-Curry in conjunction with Sen. Nancy Skinner, the … Continued