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
A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more
The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more
Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more
In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more
In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's...more
On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more
In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court...more
Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more
In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more
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
On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more
For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more
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
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more
The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
Today, the Supreme Court interpreted the Clean Air Act’s venue framework for judicial review of EPA actions. Under 42 U. S. C. §7607(b)(1), “nationally applicable” EPA actions can be challenged only in the D. C. Circuit,...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 Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...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
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more
The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more