The U.S. Environmental Protection Agency (EPA) announced on April 28, 2025, that it has issued an emergency fuel waiver allowing the sale of gasoline blended with 15 percent ethanol (E15) nationwide in summer 2025. EPA notes...more
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more
[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more
The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil...more
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more
Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more
The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality. U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more
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
This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
On Thursday, August 2, 2018, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) jointly proposed a rule to freeze the fuel...more
U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more
The United States Environmental Protection Agency (“EPA”) in a February 7th Federal Register notice issued a final rule amending the Non-Hazardous Secondary Material Rule (“NHSMR”) to add certain treated railroad ties...more