News & Analysis as of

Appellate Courts Environmental Protection Agency (EPA)

Morris, Manning & Martin, LLP

11th Circuit Applies Sackett in Upholding Dismissal of Alleged Wetland Violations

On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more

Morgan Lewis

US Supreme Court Clarifies Venue Rules Under the Clean Air Act

Morgan Lewis on

The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...more

Hogan Lovells

Supreme Court sets new rules for Clean Air Act lawsuits

Hogan Lovells on

In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more

Goldberg Segalla

Venue Matters: Supreme Court Clarifies Where Clean Air Act Cases Belong

Goldberg Segalla on

On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

Holland & Knight LLP on

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

ArentFox Schiff

Supreme Court Clarifies Venue Rules for Clean Air Act Challenges

ArentFox Schiff on

US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Interprets the Clean Air Act's Venue Provision in Companion Cases 

Today, the Supreme Court interpreted the Clean Air Act’s venue framework for judicial review of EPA actions. Under 42 U. S. C. §7607(b)(1), “nationally applicable” EPA actions can be challenged only in the D. C. Circuit,...more

Bergeson & Campbell, P.C.

EPA Postpones Effective Date of Certain Provisions of TCE Risk Management Rule to June 20, 2025

On April 2, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is postponing the effectiveness of certain provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until...more

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

McGlinchey Stafford

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

McGlinchey Stafford on

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

MG+M The Law Firm on

The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

Cozen O'Connor

Republican and Democratic AGs Square Up for Emissions Standards Fight

Cozen O'Connor on

25 Republican AGs have petitioned the U.S. Court of Appeals for the D.C. Circuit to review the EPA’s rule entitled “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles”...more

Cozen O'Connor

Republican AGs Appeal for an End to California’s Advanced Clean Truck Rule

Cozen O'Connor on

A group of 18 Republican AGs filed a brief with the U.S. Court of Appeals for the D.C. Circuit in a consolidation of five cases that challenge the EPA’s decision to grant California a Clean Air Act (CAA) waiver that allowed...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hydraulic Fracking Services/Commercial General Liability Policy: Federal Appellate Court Addresses Coverage for Faulty Workmanship

Co-Author: Jenna Davidson The United States Court of Appeals for the Third Circuit (“Appellate Court”) addressed in a May 31st Opinion an insurance coverage question arising out of hydraulic fracking services being employed...more

Wiley Rein LLP

State Lawsuit Over New Cyber Rule Tees Up Legality of Federal Policy Changes

Wiley Rein LLP on

As the federal government takes increasingly directive steps to increase expectations for private sector cybersecurity, one of its more recent regulatory moves has drawn a federal court challenge. On April 17, 2023, the...more

Fox Rothschild LLP

Court of Appeals Dismisses Challenge to EPA’s Interim HALs for PFOA and PFOS

Fox Rothschild LLP on

On January 23, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s motion to dismiss a petition filed by the American Chemistry Council (“ACC”) challenging EPA’s interim...more

MG+M The Law Firm

DC Court of Appeals Dismisses Advocacy-Group Challenge to EPA's Safe Drinking Water Act for Lack of Standing

MG+M The Law Firm on

A federal court has dismissed an industry challenge to the EPA’s Safe Drinking Water Act (SDWA), which establishes health advisory levels (HALs) for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal-Fired Power Plant/Mine/Common Control: Federal Appellate Court Addresses Challenge to Title V Permit Renewal

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 31st Opinion a challenge to the renewal of a Title V Clean Air Act operating permit for a coal-fired electric generating...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Roetzel & Andress

Clean Water Act Update

Roetzel & Andress on

On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permit/Clean Water Act: Federal Appellate Court Addresses Anti-Backsliding Issue

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) in an April 29th Opinion addressed a challenge to effluent limits placed in a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

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