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Air Pollution Clean Air Act Chevron Deference

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

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

Jones Day

U.S. Supreme Court Curbs Executive Power and Reach of EPA

Jones Day on

What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Foley Hoag LLP - Environmental Law

Chevron Deference Lives! EPA’s Boiler Rule (Mostly) Survives Review

On Friday, the D.C. Circuit largely upheld EPA’s Boiler MACT rule. The industry challenges were a complete washout. The environmental petitioners won one significant victory and a number of smaller ones....more

Cadwalader, Wickersham & Taft LLP

Supreme Court Rejects EPA Mercury Emissions Rule

On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of...more

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