The ESG 411: Will Recent SCOTUS Decision Impact SEC’s ESG Rulemaking Authority?
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
#WorkforceWednesday: Employers Respond to Dobbs, Implications of the Supreme Court's EPA Ruling, and Pay Increases for CA Health Care Workers - Employment Law This Week®
DE Under 3: USDOJ’s Settlement Affecting Recruiters, OFCCP’s AAP Verification Deadline Extension & SCOTUS’ New Ruling
The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more
In Loper Bright Enterprises v. Raimondo, 603 U.S. ____ (2024). the Supreme Court overturned Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984). In so doing, the Court affirmed the fundamental...more
On Friday, June 28, 2024, the Supreme Court of the United States reversed decades of increased federal executive agency power by overturning the longstanding deference to agency interpretations of statutes that resulted from...more
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
Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more
Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think big or go home. In West Virginia v EPA, the Supreme Court faulted the EPA’s plan for shifting electric...more
In the world of air quality and climate change, summer 2022 began with a bang, as the Supreme Court finally spoke on the merits of EPA’s efforts to regulate carbon dioxide emissions from power plants under Section 111 of the...more
The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more
In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more
On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more
In a recent decision that could have wide-ranging implications, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency found that the Environmental Protection Agency (EPA) had overstepped its authority in...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
The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues - including...more
By a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s (EPA) efforts to regulate greenhouse gases by making industry-wide changes violated...more
On June 30, 2022, in a 6-3 decision, with Chief Justice John G. Roberts Jr. writing for the majority, the United States Supreme Court issued a decision in West Virginia v. EPA limiting the EPA’s ability to regulate carbon...more
On June 30, 2022 the Supreme Court decided West Virginia v. EPA. This case not only has environmental law implications, but also speaks directly to executive agency overreach in potentially many other contexts. On its face,...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 Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more
This week, we look at two U.S. Supreme Court decisions and legislation in California with major implications for employers and health care providers. Employers Respond to Dobbs Employers across the country are navigating a...more
On June 30, 2022, the U.S. Supreme Court held in West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022), that the Clean Air Act did not clearly authorize the Environmental Protection Agency (EPA) to create the...more
The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more
Key Points- For the first time, the Supreme Court has invoked explicitly the “major questions doctrine”—which requires Congress to speak clearly when authorizing agency action in certain extraordinary cases—to strike...more
In one of the most significant environmental opinions of our time, the Supreme Court held in West Virginia v. EPA that Section 111(d) of the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to...more
The U.S. is a textbook innovation economy. Exceptional dynamism—intellectual and financial—has driven the country's sustainability sector, and with it domestic and global economic development. The current industrial...more
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia et al. v. Environmental Protection Agency et al., which invalidated the Clean Power Plan (“CPP”), an Obama-era regulation...more