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Appeals Energy Sector Environmental Protection Agency (EPA)

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Foley Hoag LLP - Environmental Law

The Wehrum Memo Still Isn’t Final Agency Action

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial....more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

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It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Burr & Forman

Alabama Joins Challenge to EPA's Rule Limiting Emissions from the Oil and Natural Gas Industry

Burr & Forman on

Alabama has joined several other states in a petition filed with the U.S. Court of Appeals for the D.C. Circuit seeking to challenge the Environmental Protection Agency’s final rule regulating emissions standards for certain...more

Ballard Spahr LLP

Clean Power Plan Published; Appeals Period Begins

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The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Denies Motion of 15 States to Stay Deadlines for CPP Compliance

On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by 15 states that sought an immediate stay of certain deadlines in the Environmental Protection Agency’s...more

Moore & Van Allen PLLC

Update: Latest Challenge of Final Clean Power Plan Rejected by D.C. Circuit

Moore & Van Allen PLLC on

On September 9, 2015, the D.C. Circuit Court of Appeals issued a Per Curiam Order resolving the question probed in our post, EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?. ...more

Burr & Forman

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Burr & Forman on

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

Foley Hoag LLP - Environmental Law

Half a Loaf May Not Be Too Bad: The 9th Circuit Affirms Most of EPA’s Approval of the San Joaquin Valley SIP

Earlier this week, the 9th Circuit Court of Appeals granted part of a petition challenging EPA’s approval of California’s SIP for ozone and PM 2.5 in the San Joaquin Valley.  While the trade press has been focusing on the...more

Foley Hoag LLP - Environmental Law

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

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