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Biden Administration Environmental Protection Agency (EPA) Supreme Court of the United States

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

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The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

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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

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Morris, Manning & Martin, LLP

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more

Wiley Rein LLP

Trump Administration Requests Pauses in Several Supreme Court Cases to Reconsider Biden Administration Policies

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On January 24, 2025, the Trump Administration asked the U.S. Supreme Court to pause briefing in several cases on the current merits docket. In making the request, Acting Solicitor General Sarah Harris explained that the new...more

Allen Matkins

California Environmental Law & Policy Update 5.31.24

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The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - March 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Mintz

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

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When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Holland & Knight LLP

Waters of the United States Rule Revised in Response to Sackett Decision

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The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Mintz

Will EPA's 9th attempt to determine the reach of the Clean Water Act be the charm? The Waters Advocacy Coalition doesn't seem to...

Mintz on

Last week the Waters Advocacy Coalition sent to the heads of the Environmental Protection Administration and the Corps of Engineers many "recommendations" regarding EPA's and the Corps' post-Sackett attempt to determine the...more

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Holland & Knight LLP

Waters of the U.S. Rule Will Significantly Expand Federal Authority

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The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Holland & Hart LLP

Back to the Future: The Biden Administration Releases Final WOTUS Rule

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On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more

Bracewell LLP

Biden Administration Finalizes Redefinition of "Waters of the United States"

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On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

ArentFox Schiff

Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues

ArentFox Schiff on

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more

BakerHostetler

West Virginia v. EPA and ‘Major Questions’ Facing the Competition Agencies

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The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues - including...more

Hinshaw & Culbertson - Insights for Insurers

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more

Mintz

Implications of West Virginia v. EPA on Proposed SEC Climate Rules

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The Supreme Court, in West Virginia v. EPA, effectively limited the ability of the EPA to issue significant regulations designed to address climate change absent further Congressional action. And any Congressional...more

Epstein Becker & Green

Two and Done: SCOTUS Today

The Court has now delivered its final two decisions of the term, one of them of great consequence to administrative law. With adjournment comes the retirement of Justice Stephen Breyer and the swearing-in of his successor,...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

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