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Environmental Policies Judicial Authority

Blank Rome LLP

Climate Change Environmental Groups Challenge President’s Executive Orders to Expand Energy Development

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We previously reported that President Trump issued a series of executive actions to fulfill his pledge to advance the United States’ domestic energy economy. These executive actions, such as President Trump’s Executive Orders...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

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The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Jones Day

Climate Resilience Under Legal Scrutiny: France's Adaptation Plan Challenged in Groundbreaking Action

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On April 7, 2025, a coalition of climate-impacted individuals and leading environmental NGOs—including Greenpeace and Notre Affaire à Tous—addressed a formal notice to the French government, challenging France's adaptation...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

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In a highly unusual unanimous decision, the U.S. Supreme Court ruled on May 29, 2025 that federal agencies are entitled to “substantial judicial deference” with respect to how they review projects subject to the National...more

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Carlton Fields

Trump Administration’s Clean Water Act Regulations Ebb Into View

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The Trump administration’s strategy regarding the scope of the “waters of the United States,” which defines the geographic jurisdiction of the Clean Water Act, is coming into focus, but true clarity appears a long way off. ...more

Miller Starr Regalia

The Federal Clean Water Act In 2025: A Retracting Construction

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More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

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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

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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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

Akerman LLP

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

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On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a...more

Goldberg Segalla

U.S. Supreme Court Ends Youth Climate Change Suit

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On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

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The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

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

Best Best & Krieger LLP

California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders - Court Decision on California Water...

The State Water Resources Control Board exceeded its jurisdictional authority under Water Code section 1052 when it issued curtailment notices to pre-1914 and riparian water rights holders, a Santa Clara County Superior Court...more

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