The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more
Is the Once in, Always in Policy Finally Dead?
EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more
8/4/2025
/ Air Pollution ,
Chevron Deference ,
Clean Air Act ,
Congressional Review Act ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Loper Bright Enterprises v Raimondo ,
Rulemaking Process ,
Statutory Interpretation ,
Toxic Substances Control Act (TSCA)
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards -
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
9/26/2024
/ Administrative Procedure Act ,
Affirmative Defenses ,
Chevron v NRDC ,
Clean Air Act ,
Compliance ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
FIFRA ,
Herbicides ,
Mitigation ,
NAICS ,
National Emissions Standards ,
NESHAP ,
New Source Performance Standards (NSPS) ,
NRDC ,
Regulatory Standards ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
US Fish and Wildlife Service