On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more
6/11/2025
/ Clean Air Act ,
Clean Water Act ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Infrastructure ,
Judicial Review ,
NEPA ,
Regulatory Reform ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders...more
5/9/2025
/ Air Quality Standards ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Executive Orders ,
New Legislation ,
Proposed Legislation ,
State and Local Government ,
Trump Administration
On 10 February 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Cotter Corp. v. United States that solidified a broad interpretation of the applicability of contractual and...more
On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Toxic Substances Control Act (TSCA)
On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day...more
4/23/2024
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Risk Assessment ,
Toxic Chemicals ,
Water Quality
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published two proposed regulations that may positively affect retailers and transporters, if implemented as proposed. In addition, PHMSA finalized a...more
In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more
In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more
Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more
On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more