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Environmental Protection Agency (EPA) Chevron Deference

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Akin Gump Strauss Hauer & Feld LLP

EPA Officially Proposes Revocation of Endangerment Finding

The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

DLA Piper

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

DLA Piper on

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

Balch & Bingham LLP on

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Bergeson & Campbell, P.C.

[Webinar] Loper Bright: Has the Demise of Chevron Deference Mattered? - July 15th, 11:00 am - 12:00 pm EDT

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of...more

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

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

Bergeson & Campbell, P.C.

Congress and the Feds — the Impact of Nonperformance

Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more

Miller Starr Regalia

The Federal Clean Water Act In 2025: A Retracting Construction

Miller Starr Regalia on

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

Pillsbury - Gravel2Gavel Construction & Real...

Presidential Memo Directs Immediate Repeal of Regulations Without Public Notice and Comment

Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more

Morrison & Foerster LLP

2024 State AGs Year in Review - UPDATED 4/1/25

In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

ArentFox Schiff

A Divided SCOTUS Invalidates Common Provisions of Clean Water Act Permits

ArentFox Schiff on

In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements....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

Paul Hastings LLP

Texas Environmental Litigation in the Post-Chevron Deference Era

Paul Hastings LLP on

This past term, the United States Supreme Court overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) in companion cases Relentless, Inc. v. Dep’t of Commerce (No. 22-1219) and Loper...more

Greenberg Glusker LLP

Beyond Chevron: Courts vs. Agencies in a New Era

Greenberg Glusker LLP on

The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...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

Akin Gump Strauss Hauer & Feld LLP

Trends in Climate Litigation

Climate litigation has attracted significant media attention in recent years, with the number of cases globally continuing to grow markedly. Such cases broadly fall into two categories: claims for compensation related to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 11, November 2024

Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending...more

Wiley Rein LLP

Introducing Wiley’s Trump Administration Resource Center & Guide – Your Essential Tools for 2025

Wiley Rein LLP on

As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,...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

Benesch

Post-Chevron Transportation & Logistics Regulatory Enforcement

Benesch on

The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

Goldberg Segalla on

During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

ArentFox Schiff

New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business

ArentFox Schiff on

While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more

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