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 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
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
The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...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
Today, the Supreme Court of the United States granted certiorari in four cases: Oklahoma v. Environmental Protection Agency; Pacificorp v. Environmental Protection Agency, Nos. 23-1067, 23-1068: These consolidated cases...more
Why is the legal challenge of EPA’s approval of the affirmative defense provisions in Texas’ state implementation plan (SIP) the subject of a venue battle? Why did the Sierra Club and eight other environmental groups...more
Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more
Major sources of air pollution must obtain a Clean Air Act Title V permit under their state’s EPA- approved implementation plan. Permits, of course, can be challenged. By petition to the EPA Administrator, the Sierra Club...more
The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more
Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel...more
On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more