Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more
3/22/2023
/ Anti-Discrimination Policies ,
Budgets ,
Civil Rights Act ,
Clean Air Act ,
Climate Change ,
Compliance ,
Drinking Water ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
SCOTUS ,
West Virginia v EPA
What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more
12/15/2022
/ CERCLA ,
Clean Water Act ,
Climate Change ,
Dodd-Frank ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Inflation Reduction Act (IRA) ,
NGOs ,
PFAS ,
Popular ,
Sackett ,
SCOTUS ,
Securities and Exchange Commission (SEC)
“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked...more
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean...more
10/3/2022
/ Administrative Procedure Act ,
Anti-Commandeering ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Clean Water Act ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Immigration and Customs Enforcement (ICE) ,
Rapanos v US ,
Sackett ,
SCOTUS ,
Spending Clause ,
Tenth Amendment ,
Texas v US ,
Waters of the United States
Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more
9/12/2022
/ Biden Administration ,
Clean Air Act ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
NGOs ,
Penalties ,
Pollution Control ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing
The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more
7/7/2022
/ Administrative Procedure Act ,
Biden v Missouri ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Medicaid ,
Medicare ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more
The concept of “administrative deference” is a key component to the modern regulatory state. An important aspect of administrative deference is the “Chevron doctrine,” i.e. the concept that the courts should defer to relevant...more