News & Analysis as of

Regulatory Agenda Appeals Environmental Protection Agency (EPA)

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Fox Rothschild LLP

Litigation Over PFAS MCLs on Hold for Now

Fox Rothschild LLP on

A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more

Cozen O'Connor

Democratic AGs Pour Support into Limiting PFAS in Drinking Water

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in American Water Works Association v. EPA (No. 24-1188) supporting the EPA’s defense of its Final Rule establishing...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief

Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more

Foley Hoag LLP - Environmental Law

Guidance Is Still Not the Same as Regulation

Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

King & Spalding on

The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

Eversheds Sutherland (US) LLP

Methane Rule Can’t Be Paused, But Maybe It Can Be Stopped

This week, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated the US Environmental Protection Agency’s (EPA) 90-day stay of an Obama-era rule regulating methane emissions from oil and...more

K&L Gates LLP

Clean Water Rule Stayed Nationwide

K&L Gates LLP on

On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

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