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Supreme Court Declines to Limit Environmental Citizen Suits

On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

EPA Doubles Down on Enforcement to Address Climate Change

In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

EPA Super Sizes Proposal to Crack Down on Methane from Oil and Gas Sector

This article is the second in a two-part series analyzing recent proposals by federal agencies to reduce methane emissions from oil and gas production. The first article addresses the Bureau of Land Management’s (BLM)...more

Assessing Climate Cost in Policy Decisions

Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

EPA Proposes to Retain Particulate Matter Standards of Importance to Industries in Arid West

On April 14, 2020, the Environmental Protection Agency (EPA) proposed to retain the current National Ambient Air Quality Standards (NAAQS) for particulate matter, including both the PM10 and PM2.5 standards. The PM10 and...more

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