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 U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more
The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more
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
When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more
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
With several pending litigations challenging federal emissions and fuel economy standards, the automotive industry is likely to see continued disruption at a time when it seeks stability....more
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more
As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp...more
Should state and local governments be concerned about California’s 2024 mandate to purchase zero emission fleet vehicles given that many of those vehicles do not yet exist? Procopio's John Lormon and Matt Abbot address...more
EPA, States, and the auto industry are again ratcheting up the battle over California’s authority to set vehicle GHG and Zero Emission Vehicles program. The Clean Air Act generally prohibits a state from adopting its own...more
On May 12, seventeen states filed a petition for review of EPA’s decision to reinstate California’s authority to set its own motor vehicle emissions standards. The petition was filed in the U.S. Court of Appeals for the D.C....more
On October 20, 2020, Senator Jeff Merkley (D-OR) and Representative Mike Levin (D-CA) introduced in the U.S. Senate and the U.S. House of Representatives the Zero-Emission Vehicles At of 2020 (the Act). The Act would amend...more
On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more
CEP Magazine (June 2020) - In the latest in an ongoing struggle between a coalition of states and the United States federal government, the Environmental Protection Agency and the National Highway Traffic Safety...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more