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Constitutional Challenges Supreme Court of the United States Environmental Protection Agency (EPA)

Holland & Knight LLP

Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law

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In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's...more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

ArentFox Schiff

Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

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The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Allen Matkins

Supreme Court Says EPA has no Authority to Impose “End-Result” Requirements in Clean Water Act Permits

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On Tuesday, March 4, 2025, the Supreme Court issued an opinion in City and County of San Francisco, California v. Environmental Protection Agency, U.S. No. 23-753 in which the City and County of San Francisco (San Francisco)...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

Dorsey & Whitney LLP

The Supreme Court Update - March 4, 2025

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The Supreme Court of the United States issued one decision today: City and County of San Francisco v. EPA, No. 23-753: This case concerns the interpretation of the federal Clean Water Act (“CWA”) and its National...more

Dorsey & Whitney LLP

The Supreme Court Update - December 16, 2024

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On December 11, 2024, the Supreme Court of the United States dismissed one case:  NVIDIA Corporation v. E. Ohman J:or Fonder AB, No. 23-970: In June, the Court granted certiorari in this case to address questions related...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Dorsey & Whitney LLP

The Supreme Court Update - October 21, 2024

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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

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Adams & Reese

In Blow to Federal Agency Powers, SCOTUS Overturns Chevron

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On Friday, June 28, 2024, the Supreme Court of the United States reversed decades of increased federal executive agency power by overturning the longstanding deference to agency interpretations of statutes that resulted from...more

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

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On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

Harris Beach Murtha PLLC

Supreme Court Upends Chevron Doctrine in Landmark Decision

On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Moore & Van Allen PLLC

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

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James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,...more

Holland & Knight LLP

U.S. Supreme Court Agrees to Hear Nondelegation Case

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The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more

Epstein Becker & Green

A Big Day for the Little Guy – SCOTUS Today

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With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more

Holland & Knight LLP

Chevron Deference Running on Fumes?

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Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Term May Upend Precedent, Push Back Regulation

The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2018 #4

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GOVERNMENT CONTRACTING - According to a Bloomberg Government article, more than 30,000 federal contracting opportunities at twenty-eight (28) agencies are coming up for competition in the coming fiscal years. In a webinar,...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

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