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
On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more
Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more
A new executive order seeks to streamline funding for and construction of data center projects by reducing regulatory red tape. On July 23, 2025, the Trump administration issued an executive order titled “Accelerating...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
Summary - This EO invokes authorities under the National Emergencies Act (NEA) to declare an energy emergency. Orders executive departments and agencies to identify and exercise any lawful emergency authorities available to...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
Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more
The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more
City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more
On December 2, 2021, the U.S. Environmental Protection Agency (EPA) published an updated New Approach Methods (NAM) Work Plan (Updated Work Plan). EPA created the work plan to prioritize its efforts and resources toward...more
After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more
The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more
Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more
Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
Former PG&E lawyer named new regional EPA chief in California - Los Angeles Times – February 11 - Days after U.S. Environmental Protection Agency (EPA) removed its top official in California, Mike Stoker, the agency...more
Focus - EPA threatens to cut California’s highway funding over Clean Air Act ‘failure’ - Los Angeles Times – September 24 - U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler on Monday sent a...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more
In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more