Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more
On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more
The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more
One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more
Vehicle manufacturers and operators in California are no stranger to complex regulations, with the California Air Resources Board’s (CARB) history of pioneering mobile emission regulations. ...more
The Trump administration is offering coal-fired power plants and other industrial facilities an opportunity to obtain exemptions from Clean Air Act (CAA) requirements designed to reduce emissions of chemicals such as mercury,...more
The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more
The Biden administration introduced wide-ranging environmental regulations with profound and far-reaching effects on the environment and the economy. In its first two weeks, the Trump administration has signaled an attempt...more
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
In November 2019, President-elect Donald Trump’s first administration’s withdrawal of California’s emissions waiver went into effect. ...more
On the day of his inauguration, President Joe Biden issued a historic number of executive orders, several of which focused on overturning actions taken by the Trump Administration’s Environmental Protection Agency (EPA). We...more
During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more
President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more
These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more
This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more
The Biden-Harris administration recently affirmed its commitment to advancing environmental justice, issuing a sweeping guidance document on May 26, 2022. At first glance, the guidance from the US Environmental Protection...more
EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more
Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more
In a move that was telegraphed at the outset of the Biden-Harris administration, the US Environmental Protection Agency announced March 9 that it is reversing a Trump-era decision to revoke California’s authority to set...more
Citing drought, U.S. won’t deliver water to California farmers - Associated Press – February 23 - With California entering the third year of severe drought, federal officials said Wednesday they won’t deliver water to...more
The Biden Administration released the Fall 2021 edition of the Semi-Annual: Unified Agenda of Regulatory and Deregulatory Actions (“Agenda”) Federal agencies twice a year produce in combination a comprehensive report...more
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
EPA’s power to curb greenhouse gases faces Supreme Court scrutiny - Courthouse News Service – October 29 - The Supreme Court announced last Friday that it will hear challenges brought by the states of West Virginia...more