The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012...more
8/7/2025
/ Clean Air Act ,
Comment Period ,
Conflicts of Laws ,
Deregulation ,
Endangerment Finding ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
Proposed Rules ,
Regulatory Standards ,
Trump Administration
In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's...more
7/17/2025
/ Automotive Industry ,
Clean Air Act ,
Clean Energy ,
Constitutional Challenges ,
Electric Vehicles ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Regulatory Authority ,
SCOTUS
The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more
6/30/2025
/ Article III ,
Biden Administration ,
Clean Air Act ,
Congressional Review Act ,
Diamond Alternative Energy LLC v Environmental Protection Agency ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Popular ,
Regulatory Authority ,
SCOTUS ,
Standing
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
6/24/2025
/ Appellate Courts ,
Clean Air Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Environmental Protection Agency v Calumet Shreveport Refining LLC ,
Environmental Review ,
Exemptions ,
Judicial Authority ,
Litigation Strategies ,
NAAQS ,
Natural Gas ,
Oil & Gas ,
Oklahoma v Environmental Protection Agency ,
Refineries ,
Renewable Fuel ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Venue
The U.S. Environmental Protection Agency (EPA) proposes to eliminate greenhouse gas regulations for power plants after concluding that power plants do not "contribute significantly" to dangerous air pollution or,...more
When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more
4/30/2025
/ Automotive Industry ,
Biden Administration ,
Clean Air Act ,
Clean Car Standards ,
Climate Change ,
Congressional Review Act ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Judicial Review ,
Legal History ,
Preemption ,
Waivers
President Donald Trump's April 8, 2025, proclamation extends the compliance deadline for the EPA's Mercury and Air Toxics Standards (MATS) by two years, from July 8, 2027 to July 8, 2029, asserting national security concerns...more
4/14/2025
/ Clean Air Act ,
Coal Industry ,
Compliance Dates ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hazardous Substances ,
MATS ,
National Security ,
NESHAP ,
Pollution Control ,
Time Extensions ,
Trump Administration
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
4/4/2025
/ Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Clean Air Act ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Judicial Review ,
NAAQS ,
NESHAP ,
Proposed Rules ,
Regulatory Requirements ,
Rulemaking Process ,
SCOTUS
Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more
1/3/2025
/ Automotive Industry ,
Cars ,
Clean Air Act ,
Clean Car Standards ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Green Cars ,
Greenhouse Gas Emissions ,
Preemption ,
Regulatory Agenda ,
Trump Administration ,
Waivers
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more
1/18/2024
/ Air Quality Standards ,
Bodily Injury ,
CERCLA ,
Certifications ,
Compliance ,
Contamination ,
Discovery ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
Multidistrict Litigation ,
NDAA ,
PFAS ,
Popular ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more
10/20/2023
/ Compliance ,
Effective Date ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Manufacturers ,
NDAA ,
PFAS ,
Reporting Requirements ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
The U.S. Environmental Protection Agency (EPA or Agency) on May 23, 2023, published a new suite of proposed standards for coal- and gas-fired power plants that will limit greenhouse gas (GHG) emissions. The proposed rule...more
6/1/2023
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Power Plants ,
Proposed Rules ,
Public Comment ,
Public Hearing