Regulations — and executive agencies’ interpretation of those regulations — can make or break companies, and even entire industries. For decades now, the judiciary’s approach to administrative review, found in the landmark...more
In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce...more
The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity —...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Supreme Court has ruled the federal Clean Air Act does not grant the Environmental Protection Agency authority to act without Congress when capping plant emissions through measures such as “generation shifting” — i.e....more
As regular readers of this blog know, we have been keeping tabs on the Supreme Court’s review of West Virginia v. Environmental Protection Agency, a case addressing how broadly executive agencies can interpret the legislation...more