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Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — July 2025

The Securities & Exchange Commission (SEC) recently made certain announcements that reflect the current administration’s reduced emphasis on climate-related financial regulation. First, the SEC withdrew a proposed rulemaking...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

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On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reasonable Use Requirements for Colorado River Lower Basin Water Deliveries: Natural Resources Defense Council Petition to the...

The Natural Resources Defense Council and Waterkeepers (collectively, “NRDC”) submitted on May 6th a document to the United States Department of Interior (“DOI”) styled: Petition to the Secretary of Interior to Enforce...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Garfield County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more

Mayer Brown

ICMBio Updates Rules on Intervention in Environmental Licensing

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On April 3, 2025, Brazil’s Federal Environmental Agency for the protection of Conservation Units (“ICMBio”) published Normative Instruction No. 16/2025, modifying the procedures regulating its role as an intervening agency in...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

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

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In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...more

Saul Ewing LLP

The Three Things You Should Know About the Council on Environmental Quality’s Removal of its National Environmental Policy Act...

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On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)....more

Carlton Fields

NEPA: New Executive Order and Court Rulings Create Major Uncertainties for Compliance and Litigation

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There is more uncertainty today about how to implement the National Environmental Policy Act (NEPA) than at any time in decades. NEPA is one of the primary laws governing the timeline for federal agency permits and serves as...more

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