The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more
Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that could impact business as usual? Any surprises this year? This article...more
On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more
On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected...more
Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more
Now that we’re past July 4th and on the downhill side of summer, thoughts are turning to what EPA and the courts might do this fall with the many air quality and climate change issues before them. Here is a list of some of...more
On April 30, 2021, EPA Administrator Michael Regan signed the Biden EPA’s first proposed rule to address greenhouse gas emissions and climate change. The nearly 300-page proposal goes into great detail about how EPA proposes...more
- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more
Key Takeaways - • On September 18, 2020, New Jersey Governor Phil Murphy signed landmark environmental justice legislation into law. The law (S232), which the state legislature passed last month, requires the New Jersey...more
Public awareness regarding air pollution in the European Union is at an all-time high and citizens expect authorities to act. In this vein, the European Commission has recently taken a number of direct and indirect actions,...more
Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more
The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory standards are in place, but access to, enforcement and...more