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 White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more
In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more
Despite longstanding bipartisan support, the U.S. Senate on Feb. 27 — just as the House did the day prior — passed a resolution withdrawing the waste emissions charge (WEC), which is a fee on methane waste emissions caused by...more
In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more
Amid uncertainty over future staffing and funding levels, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a new priority list for the agency titled the “Powering the Great American Comeback...more
Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more
On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane...more
In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
On 30 November 2022, the Pennsylvania Environmental Quality Board (EQB) voted 16-2 to approve an emergency rule regulating volatile organic compound (VOC) emissions from existing conventional oil and gas sources. The...more
Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more
The Global Methane Pledge (GMP) was one of the few headline commitments announced at COP26. The response to the GMP indicates that tackling methane emissions is now firmly on the agenda for the petroleum industry... ...more
Earthjustice submitted an August 24th Petition to the United States Environmental Protection Agency (“EPA”) asking that it make an endangerment finding under Section 231 of the Clean Air Act in regards to aviation gasoline...more
As climate change rightly has dominated recent discussions of environmental policy, it’s been easy to forget how much progress has been made in the past fifty years. I was reminded of the extent of that progress by the story...more
The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign emissions. ...more
New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
Carbon capture and storage technologies are seeking to achieve zero net emissions in America by 2050. To that end, a host of legislative initiatives has been proposed at the state and federal levels to research the...more
CEP Magazine (June 2020) - In the latest in an ongoing struggle between a coalition of states and the United States federal government, the Environmental Protection Agency and the National Highway Traffic Safety...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
Key Points - House Democrats have released draft text for the CLEAN Future Act, a comprehensive climate bill that aims to achieve net-zero greenhouse gas pollution throughout the United States by 2050 by directing federal...more
In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more
The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more