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 U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012...more
On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding....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
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
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
Current Environmental Protection Agency (EPA) Administrator Lee Zeldin proposed a rule today to rescind 2009 rules that form the basis of greenhouse gas (GHG) emissions limitations, a move that will almost certainly lead to...more
On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more
In November 2019, President-elect Donald Trump’s first administration’s withdrawal of California’s emissions waiver went into effect. ...more
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued the notice of proposed rulemaking for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (the “proposed...more
On December 20, 2022, the Environmental Protection Agency finalized regulations aimed at reducing harmful emissions from trucks, delivery vehicles, and buses. These regulations will impact vehicles manufactured after 2027 and...more
Ohio, along with sixteen other states, sued the Environmental Protection Agency on Friday last week, over its March 14, 2022 decision to reinstate a waiver allowing the nation’s most populous state California, under its...more
In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more
Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more
EPA recently finalized rules under the Clean Air Act (CAA) establishing federal greenhouse gas (GHG) emissions standards for passenger cars and light trucks for Model Years (MY) 2023 through 2026. The standards are designed...more
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
On August 5, 2021, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal greenhouse gas (GHG) emissions in model years (MY) 2022-2026. In coordination with the...more
Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more
On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 (the "Order"), setting new statewide goals for phasing out gasoline-powered cars and trucks in California. Under the Order, 100% of...more
With a recent executive order, California is the first state in the nation to commit to ending the sale of fossil fuel–powered vehicles. The order also directs the expedited regulation and closure of oil extraction and...more
On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more
On 31 March 2020, the U.S. Environmental Protection Agency (EPA) and the Department of Transportation National Highway Traffic Safety Administration (NHTSA) released a new joint rule finalizing the Trump administration's fuel...more