Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more
4/11/2025
/ Appeals ,
Constitutional Challenges ,
Energy Policy ,
Energy Policy and Conservation Act (EPCA) ,
Judicial Authority ,
Natural Gas ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Statutory Interpretation ,
Utilities Sector
The Trump administration has taken two actions that will dramatically increase White House control over federal commissions, boards, and officials that were previously considered independent. These actions are likely to...more
2/27/2025
/ Chevron Deference ,
Constitutional Challenges ,
Consumer Product Safety Commission (CPSC) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
OMB ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Trump Administration
2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global...more
2/12/2025
/ Asset Management ,
Australia ,
Capital Markets ,
Cryptoassets ,
Cryptocurrency ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Financial Services Industry ,
Foreign Investment ,
Hong Kong ,
Investment Firms ,
Investment Funds ,
Investment Management ,
Investors ,
Japan ,
Regulatory Requirements ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Singapore ,
Sustainability ,
Sustainable Finance
On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more
2/11/2025
/ Energy Policy ,
Environmental Impact Statements ,
Environmental Litigation ,
Hazardous Substances ,
Infrastructure ,
Natural Gas ,
NEPA ,
PHMSA ,
Railways ,
Regulatory Agenda ,
Transportation Industry
On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order). Under the National Emergencies Act, the president may declare a national emergency that allows the government to use...more
1/27/2025
/ Clean Water Act ,
Department of Energy (DOE) ,
Endangered Species Act (ESA) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Infrastructure ,
Oil & Gas ,
Trump Administration
When a new president is elected, the incoming administration often engages in an intense review of its predecessor’s policy actions, particularly when there has been a shift in party control. This process typically begins...more
12/23/2024
/ Administrative Authority ,
Chevron Deference ,
Donald Trump ,
Executive Orders ,
Government Agencies ,
Joe Biden ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Public Policy ,
Regulatory Agenda ,
Statutory Authority
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more
11/13/2024
/ Administrative Agencies ,
Administrative Authority ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
Public Policy ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations....more
7/16/2024
/ Administrative Agencies ,
Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
On 27 June 2024, in a ruling much-anticipated by the securities industry and other similarly regulated industries, the Supreme Court (the Court) held in SEC v. Jarkesy that when the Securities and Exchange Commission (SEC)...more
7/5/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Investment Advisers Act of 1940 ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Seventh Amendment ,
Statutory Authority
In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28,...more
The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more
Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more
5/17/2024
/ Air Pollution ,
Carbon Emissions ,
Coal-Fired Plants ,
Electricity ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Public Health ,
Water Pollution
On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more