News & Analysis as of

Carbon Emissions Supreme Court of the United States Climate Change

Akin Gump Strauss Hauer & Feld LLP

EPA’s Endangerment Finding in Danger?

On his first day in office, President Trump signed Executive Order (EO) 14154, Unleashing American Energy. Halfway through the lengthy Order, one paragraph requires the Administrator of the Environmental Protection Agency...more

Allen Matkins

California Environmental Law & Policy Update 1.17.25

Allen Matkins on

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the U.S. Environmental Protection Agency (EPA) needed to support four recently adopted vehicle emissions regulations: 1) the Advanced...more

Allen Matkins

California Environmental Law & Policy Update 5.31.24

Allen Matkins on

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

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

Baker Donelson

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

Baker Donelson on

On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more

A&O Shearman

U.S. Supreme Court limits EPA’s regulation of climate change pollution

A&O Shearman on

On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...more

K&L Gates LLP

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

K&L Gates LLP on

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...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

WilmerHale

Supreme Court Allows Biden Administration’s Use of Social Cost of Carbon

WilmerHale on

On May 26, 2022, the United States Supreme Court ruled to allow the Biden Administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to President Biden’s Executive...more

Mintz

Supreme Court May Limit EPA's Power to Regulate Carbon Emissions

Mintz on

The Supreme Court recently agreed to hear an appeal of the D.C. Circuit's decision to strike down Trump-era restrictions--which were quite weak--on coal-burning power plants. The Court's ruling here may limit the ability of...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

In this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2019 #2

Court Ruling Vindicates ExxonMobil in New York ‘Climate Change’ Fraud Case - “'The Office of the Attorney General failed to prove, by a preponderance of the evidence, that ExxonMobil made any material misstatements or...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

Allen Matkins

California Environmental Law & Policy Update - October 2018

Allen Matkins on

Focus - U.S. Supreme Court declines appeal in California beach access suit over Martins Beach - REUTERS - Oct 1 The U.S. Supreme Court handed a victory to proponents of open access to California’s coastline on Monday,...more

Miles & Stockbridge P.C.

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

Perkins Coie

Would the Supreme Court Stay EPA’s Clean Power Plan Today?

Perkins Coie on

The senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan. Among other...more

Baker Donelson

Obama's Clean Power Plan Rule Halted By SCOTUS

Baker Donelson on

On February 9, 2016, the Supreme Court of the United States (SCOTUS) took an unprecedented step by halting the implementation of the Obama Administration's federal regulation to control carbon dioxide emissions, generally...more

Dickinson Wright

Supreme Court Delays Climate Control Regs

Dickinson Wright on

In an unprecedented action, the U.S. Supreme Court has stayed implementation of the Obama administration’s Clean Power Plan regulations. The case is now under review by the U.S. Court of Appeals for the D.C. Circuit, with a...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Blocks Obama Administration’s Clean Power Plan

On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

Mintz

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - July 2015

Mintz on

A Note from the Editors - Our July edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Moore & Van Allen PLLC

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

Akin Gump Strauss Hauer & Feld LLP

Despite Rebuke, EPA May Regulate Stationary Greenhouse-Gas Emitters

On June 23, 2014, in Utility Air Regulatory Group v. EPA et al., No. 12-1146 (and related cases), the Supreme Court held that the Environmental Protection Agency (EPA) may require certain greenhouse-gas emitters to install...more

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