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SCOTUS Update: Corner Post Decision Upends Concept of Administrative Finality and Expands Timeframe for Administrative Challenges

On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day....more

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

SCOTUS Update: Supreme Court Clarifies Organizational Standing in FDA-Related Ruling

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,”...more

ESG Update: Three Climate Change Decisions to Watch as the Temperature Rises

Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

SCOTUS Update: Administrative Law Takeaways from Biden v. Nebraska

Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable. Forty-three million Americans will remember Biden v. Nebraska when...more

Will Environmental Justice Programs Be Affected by SCOTUS’s Affirmative Action Decisions?

In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more

DC Circuit Scrutinizes Federal Regulations for Explicit Statutory Hook Even When No “Major Questions” Are Involved

A DC Circuit decision related to the US Environmental Protection Agency’ (EPA) hydroflurocarbons (HFC) phase out illustrates that federal regulations face significant scrutiny when reviewed in court even where the regulations...more

Supreme Court Issues Decision in Sackett v. EPA Rolling Back Clean Water Act Jurisdiction Over Certain Wetlands

In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more

Supreme Court Pulls Back Dormant Commerce Clause in National Pork Producers Council v. Ross

Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations dealing with pig farming, the...more

Supreme Court to Establish Whether the “Chevron Doctrine” Deserves a Tombstone

The “Chevron doctrine,” meaning whether courts should defer to agency interpretations of ambiguous statutes they administer, has been viewed as a key underpinning of the modern regulatory state. Repeatedly for nearly a...more

Ninth Circuit Rejects Berkeley, California Ban on Natural Gas Hookups in New Construction

The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA). Some background. Many regulators and...more

EPA’s FY2024 Budget Request Emphasizes Continued Focus on Climate, Environmental Justice, and Infrastructure

Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more

Ten Environmental and Energy Issues to Watch in 2023

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Gorsuch Says "Chevron Doctrine" is Dead Even Though the US Supreme Court Refuses to Say So

“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked...more

Key Supreme Court Cases to Watch in Administrative and Environmental Law

The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean...more

Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more

Five Administrative Law Takeaways From Recent Supreme Court Decisions

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more

Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more

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