News & Analysis as of

Clean Air Act Environmental Litigation Judicial Review

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

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

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

ArentFox Schiff on

Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

Hogan Lovells

Supreme Court sets new rules for Clean Air Act lawsuits

Hogan Lovells on

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

ArentFox Schiff

Supreme Court Clarifies Venue Rules for Clean Air Act Challenges

ArentFox Schiff on

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

Beveridge & Diamond PC

Supreme Court Clarifies Venue Requirements for Clean Air Act Actions

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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

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Interprets the Clean Air Act's Venue Provision in Companion Cases 

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

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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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

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

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