News & Analysis as of

Environmental Policies Administrative Authority

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

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The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

Venable LLP

Whither the Council on Environmental Quality NEPA Regulations? A Clear-Eyed Perspective

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For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more

Barnea Jaffa Lande & Co.

Israel Innovation Authority Funds Proof of Concept

Barnea Jaffa Lande & Co. on

As part of its activities promoting entrepreneurship and innovation in Israel, the Israel Innovation Authority (IIA) provides budgets to technology entrepreneurship projects to encourage and support their various stages,...more

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more

Holland & Knight LLP

The Inflation Reduction Act: Summary of the Budget Reconciliation Act

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The U.S. Senate on Aug. 7, 2022, passed the Inflation Reduction Act of 2022 (IRA). This comprehensive legislation is the result of many months of negotiations among Democrats to advance some of President Joe Biden's highest...more

Holland & Knight LLP

Supreme Court Limits Power of EPA, Regulatory Agencies for Greenhouse Gas Emissions

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The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more

Holland & Knight LLP

Colombia – Proyecto de Ley busca crear una Jurisdicción Ambiental Especial

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Veintisiete representantes a la Cámara de distintos partidos radicaron el 20 de julio el Proyecto de Ley No. 047 de 2020, "Por medio de la cual se dictan disposiciones para la conformación de los tribunales ambientales...more

Morgan Lewis

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

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The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Saul Ewing LLP

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

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“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Benesch

Supreme Court Hears Arguments on Atlantic Coast Pipeline

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On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail.  Supporters of the...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Burr & Forman

Eleventh Circuit Rejects Environmental Groups’ Effort to Challenge Alabama NPDES Permitting Program Authority

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The Alabama Department of Environmental Management can finally breathe a sigh of relief, as the Court of Appeals for the Eleventh Circuit issued an opinion today affirming the U.S. EPA’s January 11, 2017 decision not to...more

Stinson LLP

California Communities Against Toxics: The "Continuing Project" of Clarifying Administrative Law

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In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more

Stinson LLP

Waking the "Zombies" - Possible Changes to EPA's Longstanding Article I Administration Discretion in Rulemaking

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The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more

Pierce Atwood LLP

2019 Summary of Key Environmental Legislation in Maine

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Pierce Atwood’s Environmental and Land Use Practice Groups are pleased to provide a summary of key environmental legislation from the 129th Maine Legislature’s First Regular Session, which adjourned sine die, on June 20,...more

(ACOEL) | American College of Environmental...

Where Is Gundy v. United States?

In the first week of October, the justices heard argument in Gundy v. United States, in which a convicted sex offender argues that the Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine...more

Best Best & Krieger LLP

Administrative Hearing Office Proposed for State Water Resources Control Board - Proposed Legislation Would Provide for Efficient...

With the release of California’s budget trailer bill came proposed new legislation that would add an Administrative Hearing Office within the State Water Resources Control Board....more

Adler Pollock & Sheehan P.C.

RIDEM’S New Expedited Citation Process: Look Before You Leap

On July 15, 2013, the Governor signed a new law that expands the enforcement options available to the Rhode Island Department of Environmental Management (“RIDEM”) to include an expedited citation process. In lieu of issuing...more

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