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
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 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
The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more
6/9/2025
/ Budget Cuts ,
Clean Air Act ,
Clean Water Act ,
Deregulation ,
Enforcement Priorities ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
MATS ,
NEPA ,
Permits ,
Regulatory Agenda ,
Regulatory Reform ,
State Implementation Plans (SIPs)
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
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
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