On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (“Memorandum”). In this Memorandum, President...more
The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more
The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more
The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
Administrative law has long had a reputation for boredom. But three blockbuster cases out of the Supreme Court last week have changed that. Each case is its own game changer, but together, the three cases are a sea change in...more
In a 5-4 opinion on Thursday, the U.S. Supreme Court temporarily stayed the enforcement of the Environmental Protection Agency’s “Good Neighbor Plan” under the Clean Air Act. Under the Good Neighbor rule, the EPA required...more
Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more
On June 27, 2024, the U.S. Supreme Court decided Ohio, et al. v. Environmental Protection Agency, et al., Nos. 23A349, 23A350, 23A351 and 23A384. The Court stayed the enforcement of EPA’s rule against certain States pending...more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more