News & Analysis as of

Corporate Counsel Clean Air Act

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration (Updated with New Information from EPA Announcement on July 29,...

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

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On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

Woods Rogers

Repeal, Not Replace: President Trump’s Directive To Deregulate

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On April 9, 2025, President Trump issued a Presidential Memorandum titled “Directing the Repeal of Unlawful Regulations,” marking a significant step in the Administration’s push to deregulate under the broader DOGE...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

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

McGlinchey Stafford

Trump EPA: Interplay of Deregulation and NGO Citizen Suits

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President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Beveridge & Diamond PC

Environmental Enforcement Update: What to Expect In the Second Trump Administration

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We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback

With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration. The Congressional Review Act (CRA)...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

Williams Mullen

EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching

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An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that could impact business as usual? Any surprises this year? This article...more

Vinson & Elkins LLP

Environmental Justice 2022 Year-End Review

Vinson & Elkins LLP on

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more

Hicks Johnson

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

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The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more

ArentFox Schiff

Five Administrative Law Takeaways From Recent Supreme Court Decisions

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The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

Kelley Drye & Warren LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more

Hicks Johnson

Fourth Circuit Provides Further Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Hicks Johnson

Tenth Circuit Provides Guidance on Jurisdiction for Climate Change Lawsuits

Hicks Johnson on

On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more

Morgan Lewis

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

Morgan Lewis on

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

Troutman Pepper Locke

What’s Next? EPA’s Air Agenda Highlights Priorities

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Now that we’re past July 4th and on the downhill side of summer, thoughts are turning to what EPA and the courts might do this fall with the many air quality and climate change issues before them. Here is a list of some of...more

King & Spalding

Second Circuit Climate Change Ruling Affirms Dismissal of State-law Claims

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In the past four years, state attorneys general or municipalities have brought 21 lawsuits based on state-law claims (e.g., nuisance, trespass, consumer fraud) seeking to hold fossil fuel companies liable for costs allegedly...more

Pillsbury - Gravel2Gavel Construction & Real...

Two Decisions by Federal Appeals Courts Uphold Agency Deference

Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Eversheds Sutherland (US) LLP

Buckle-Up, Uncertainty Paves a Bumpy Road Ahead: Environmental Regulation Under the Trump Administration

Sutherland attorneys are closely watching the developments concerning changes to environmental regulation under President Trump. This article begins a series of communications with our clients on developments of particular...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

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