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
After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more
The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more
The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more
Key Takeaways - What Happened? On July 29, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule to rescind the 2009 Greenhouse Gas (GHG) Endangerment Finding (“Endangerment and Cause or Contribute...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 EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more
On Tuesday, EPA proposed to repeal its 2009 Endangerment Finding (Repeal Proposal). That’s a big deal, with expansive implications. The 2009 Endangerment Finding determined six greenhouse gases (GHG) are air pollutants that...more
Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more
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
On July 30, 2025, the Environmental Protection Agency (EPA) issued a proposed rule to reconsider the 2009 Endangerment Finding that has served as the foundation for EPA's authority to regulate greenhouse gases (GHGs) for...more
The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...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
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
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
Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal...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
With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...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
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 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that, if finalized, would repeal all greenhouse gas (“GHG”) standards for the power sector. Further, the principles underlying the...more
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
On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more
Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more