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Administrative Procedure Act Clean Air Act Environmental Protection Agency (EPA)

Cozen O'Connor

AGs Clash over EPA Rollbacks, Net-Zero Standards

Cozen O'Connor on

Illinois AG Kwame Raoul co-led a coalition of 17 Democratic AGs, the city of Chicago, New York City, and the California Air Resources Board, in filing comments opposing the EPA’s proposal to repeal the 2024 Mercury and Air...more

Jones Day

New EPA Positions Reflected in Sweeping Rollback of Greenhouse Gas Regulation

Jones Day on

The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more

Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

BCLP

Presidential Memorandum Directing Agencies to Repeal Environmental Regulations

BCLP on

On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (“Memorandum”). In this Memorandum, President...more

Holland & Knight LLP

Clean Air Act Rulemakings Don't Follow the Normal Rules – Just Ask the Supreme Court

Holland & Knight LLP on

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

Vinson & Elkins LLP

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

Vinson & Elkins LLP on

During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Williams Mullen

Environmental Notes - October 2024

Williams Mullen on

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

Stoel Rives - Environmental Law Blog

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman...more

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Quarles & Brady LLP on

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Wiley Rein LLP

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner...

Wiley Rein LLP on

The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more

Proskauer - Regulatory & Compliance

Supreme Court Curtails Agency Power By Overturning Chevron Deference

On June 28, 2024, the U.S. Supreme Court issued a landmark ruling overturning “Chevron deference,” a tool for interpreting ambiguous statutes administered by administrative agencies. The 40-year-old Chevron doctrine held...more

Adams & Reese

In Blow to Federal Agency Powers, SCOTUS Overturns Chevron

Adams & Reese on

On Friday, June 28, 2024, the Supreme Court of the United States reversed decades of increased federal executive agency power by overturning the longstanding deference to agency interpretations of statutes that resulted from...more

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

ArentFox Schiff on

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

Holland & Hart LLP

Chevron Deference Destined for Change in Loper Bright & Relentless

Holland & Hart LLP on

Practical Guidance: Litigation, Professional Perspective - Chevron Deference Destined for Change in Loper Bright & Relentless - Editor's Note: This Professional Perspective addresses how the US Supreme Court's impending...more

ArentFox Schiff

Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers

ArentFox Schiff on

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more

Cranfill Sumner LLP

Chevron Deference to Administrative Agencies Re-examined as the United States Supreme Court Considers Loper Bright Enterprises v....

Cranfill Sumner LLP on

Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984.  The case, Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, arose from EPA’s adoption of a...more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

King & Spalding

The Gathering Storm Over Gas Stoves

King & Spalding on

Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

This is a selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded....more

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