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 Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court...more
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) on June 13, 2025, issued a proposed rule, "Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and...more
6/19/2025
/ Biofuel ,
Clean Energy ,
Comment Period ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Imports ,
Proposed Rules ,
Public Hearing ,
Regulatory Requirements ,
Renewable Energy ,
Renewable Fuel ,
Renewable Fuel Standard ,
Trump Administration
In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'...more
5/27/2025
/ Automotive Industry ,
California ,
Clean Air Act ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Government Agencies ,
Greenhouse Gas Emissions ,
Pending Legislation ,
Preemption ,
Trump Administration ,
Waivers
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
5/14/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Pending Litigation ,
Preemption ,
State and Local Government ,
Superfund ,
Trump Administration
President Donald Trump on April 9, 2025, issued an executive order (EO) titled "Protecting American Energy from State Overreach." The EO aims at "unleashing American energy" by removing legal restrictions imposed by state...more
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
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more
3/18/2025
/ Administrative Procedure Act ,
Air Quality Standards ,
Carbon Emissions ,
Climate Change ,
Deregulation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Loper Bright Enterprises v Raimondo ,
NAAQS ,
NESHAP ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Tribal Governments ,
Trump Administration
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andrew McAllister, Susan Lafferty and Robert Friedman provide a timely update on the impact of...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into state low carbon fuel standards, with a detailed look...more
A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into the intricacies of ongoing litigation surrounding small...more
In the first episode of our Energy & Natural Resources team's "An Energized Exchange" podcast series, attorneys Andy Kriha and Susan Lafferty sit down for a conversation on all things related to the federal Renewable Fuel...more
The U.S. Department of the Treasury and IRS released Notice 2024-37 on April 30, 2024, regarding the Sustainable Aviation Fuel (SAF) Tax Credit found at Section 40B of the Internal Revenue Code as an income tax credit and...more
5/3/2024
/ Agricultural Sector ,
Aviation Industry ,
CARB ,
Carbon Offset and Reduction Scheme for International Aviation (CORSIA) ,
Climate Change ,
Department of Agriculture ,
Department of Energy (DOE) ,
Federal Pilot Programs ,
Fuel Supply ,
Greenhouse Gas Emissions ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Sustainability ,
Tax Credits ,
U.S. Treasury ,
USDA
The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more
7/6/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article I ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Non-Delegation Doctrine ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
In this episode of our Public Policy & Regulation Group's "Eyes on Washington" podcast series, energy attorneys Andy Kriha and Susan Lafferty provide an update on the Renewable Fuel Standard final rule. Their conversation...more
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
6/30/2023
/ Advertising ,
Carbon Off-Set Credits ,
Climate Change ,
Environmental Claims ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Recycling ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices