Quick Guide to Administrative Hearings
Consumer Finance Monitor Podcast Episode: Prominent Journalist, David Dayen, Describes his Reporting on the Efforts of Trump 2.0 to Curb CFPB
Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Current Environmental Protection Agency (EPA) Administrator Lee Zeldin proposed a rule today to rescind 2009 rules that form the basis of greenhouse gas (GHG) emissions limitations, a move that will almost certainly lead to...more
The United States Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, on May 19, 2025, clarifying that the scope of judicial review of federal agency environmental...more
The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...more
The Ninth Circuit has ruled that the Environmental Protection Agency (EPA) must reconsider its effluent limitation guidelines (ELGs) for seven industrial sectors. Our Environment, Land Use & Natural Resources Group examines...more
On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the...more
In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more
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
In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more
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
Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more
US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more
With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
Today, the Supreme Court interpreted the Clean Air Act’s venue framework for judicial review of EPA actions. Under 42 U. S. C. §7607(b)(1), “nationally applicable” EPA actions can be challenged only in the D. C. Circuit,...more
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
When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more
The US Environmental Protection Agency’s final rule to regulate trichloroethylene recently went into effect, triggering compliance deadlines for implementing the prohibition and Workplace Chemical Protection Programs even...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) provided an update on the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE). As reported in our...more
Today, the Supreme Court of the United States granted certiorari in four cases: Oklahoma v. Environmental Protection Agency; Pacificorp v. Environmental Protection Agency, Nos. 23-1067, 23-1068: These consolidated cases...more
Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more
The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of...more
A coalition of 24 Republican AGs, co-led by West Virginia AG Patrick Morrisey and Kentucky AG Russell Coleman, has filed a petition for judicial review with the U.S. Court of Appeals for the D.C. Circuit challenging a new air...more
Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently,...more