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 Executive Office of the President of the United States released a July 2025 document titled: Winning the Race – America’s AI Action Plan (“Action Plan”). The stated objective of the Action Plan is to ensure the...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
Earlier this week, President Trump signed an Executive Order as part of the release of his AI Action Plan entitled “Winning the AI Race: America’s AI Action Plan.” Led by White House AI and Crypto Czar, David Sacks, the...more
Grants a two-year exemption from compliance with the EPA’s HON Rule for 25 specified chemical manufacturing facilities. Extends implementation of new hazardous air pollutant standards under Section 112 of the Clean Air Act,...more
Grants a two-year exemption from the EPA’s Taconite Rule to seven iron ore processing facilities operated by U.S. Steel and Cleveland-Cliffs. Extends all compliance deadlines under the rule, maintaining pre-existing emissions...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
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 May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more
Administrator of the U.S. Environmental Protection Agency (EPA) Lee Zeldin on June 11, 2025, announced a proposed rule titled “Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units.” In...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
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
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
On May 1, 2025, the federal government brought separate suits against both New York and Vermont alleging that these state’s “climate Superfund” statutes are unconstitutional on multiple grounds. In two nearly identical...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
The U.S. Environmental Protection Agency (EPA) announced on April 28, 2025, that it has issued an emergency fuel waiver allowing the sale of gasoline blended with 15 percent ethanol (E15) nationwide in summer 2025. EPA notes...more
April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more
We look forward to Earth Day 2025 today, the Corporate Environmental Lawyer is once again kicking off its weekly series of blogs which focus on this year’s Earth Day theme — “Our Power, Our Planet”. This year marks the 55th...more
The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption...more
On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more
On April 9, 2025, President Trump issued a Presidential Memorandum titled “Directing the Repeal of Unlawful Regulations,” marking a significant step in the Administration’s push to deregulate under the broader DOGE...more
President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides...more
President Donald Trump's April 8, 2025, proclamation extends the compliance deadline for the EPA's Mercury and Air Toxics Standards (MATS) by two years, from July 8, 2027 to July 8, 2029, asserting national security concerns...more
President Donald Trump’s second inaugural address identified making America “energy dominant again” as one of four America First Priorities. Having issued several statements and executive orders in January that focused on...more