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
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
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more
What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon...more
On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more
Another day, another loss for governments suing oil and gas producers based on the effects of climate change. Yesterday, the Southern District of New York dismissed a nuisance action filed by New York City against five of...more
On July 19, the U.S. District Court for the Southern District of New York decided the case of City of New York v. BP P.L.C., et al., granting the defendants’ motion to dismiss and dismissing the City of New York’s amended...more
The Situation: In what may have further muddied the waters of the viability of the recent U.S.-filed state law climate change litigation against industry, a second federal court in San Francisco has granted remand of three of...more
US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more