Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The American Petroleum Institute, American Farm Bureau Federation, National Corn Growers Association, and a number of automobile dealerships filed a Petition for Review on June 13th challenging the United States Environmental...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
On January 9, 2024, a Delaware state court judge issued his opinion on the various motions to dismiss filed in the case brought by the State of Delaware against the major fossil fuel companies. (This case is one of...more
We’ve become accustomed to weather-related and other natural disasters in recent years. The devastating impacts of record levels of cold, heat, drought, rainfall, tornadoes, hurricanes, and earthquakes fill up our daily news...more
EPA is poised to publish a final Federal Implementation Plan (FIP) for emissions from oil and natural gas sources on Indian country lands within the Uintah and Ouray Indian reservation in northeast Utah. EPA recently released...more
The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more
Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more
What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more
The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more
The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants. While devastating to EPA's...more
The lawsuit challenges California’s authority to implement climate change–related vehicle emission standards and zero-emissions goals. Seventeen states filed a lawsuit in the US Court of Appeals for the District of Columbia...more
As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more
The Environmental Protection Agency (EPA) recently proposed a Federal Implementation Plan (FIP) that has important implications for powerplants and other industrial nitrogen oxide (NOx) sources in the Western United States,...more
The United States Court of Appeals for the D.C. Circuit (“Court”) in a November 12th Opinion addressed a challenge to the Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles...more
The Environmental Protection Agency’s (“EPA’s”) guidance, issued Sept. 30, 2021, revoking the Trump-era Startup, Shutdown, and Malfunction (“SSM”) guidance signals difficult permitting decisions ahead for emitters across...more
As states continue to revise state implementation plans (SIP) to meet the requirements of the Clean Air Act (CAA), two recent decisions out of the Ninth Circuit Court of Appeals are likely to affect how contingency measures...more
Biden Promises to Cut U.S. Emissions in Half from 2005 Levels - The Biden administration kicked off their two-day Climate Leaders’ Summit on Earth Day, April 22, 2021, and concluded the event on April 23, 2021. The intent...more
A Federal District Court in Utah ruled that a group of physicians had standing to sue the host of a popular television show, “Diesel Brothers,” for alleged violations of the Clean Air Act resulting from modifications to...more
The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more
The Environmental Protection Agency (EPA) has adopted the first-ever Clean Air Act (CAA) aircraft emission standards for greenhouse gases (GHGs), assuring the worldwide acceptance of U.S. manufactured airplanes and airplane...more