Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more
This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference,...more
In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more
This alert was originally published on June 3, 2025, and has been revised based on recent developments. Update: On June 30, 2025, the U.S. Supreme Court denied certiorari Port of Tacoma v. Puget Soundkeeper Alliance, No....more
The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...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
Key Takeaways - Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce...more
On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more
On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more
In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more
On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades: whether cultural...more
The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more
California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more
We begin with a word from your sponsor. After enduring several generative AI tutorials, we urge you to keep on reading Energy and the Law. Why? Our blog is more accurate, at least a little “fun”, offers insightful musical...more
On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more
In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more
On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind...more