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Foley & Lardner LLP

EPA Signals Approval of Texas’ Class VI Injection Well Primacy: Streamlining Carbon Capture and Climate Action

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In a significant move for environmental policy and energy innovation, the U.S. Environmental Protection Agency (EPA) has proposed to approve Texas’ application to administer its own Class VI underground injection well...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

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On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Bergeson & Campbell, P.C.

Congress and the Feds — the Impact of Nonperformance

Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more

Miller Starr Regalia

The Federal Clean Water Act In 2025: A Retracting Construction

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More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more

McCarter & English, LLP

New Executive Order Seeks to Sunset Key Energy Regulations

President Trump signed on April 9, 2025 an executive order titled Zero-Based Regulatory Budgeting to Unleash American Energy that seeks to deregulate the energy industry by directing various governmental agencies–the...more

King & Spalding

Supreme Court Rules EPA’s Wastewater Discharge Permits May Not Include “End-Result” Provisions

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In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Pillsbury - PFAS Observer

The End of Chevron Deference Could Spell Trouble for EPA’s PFAS “Hazardous Substance” Rule

A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Verrill

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

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While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Ward and Smith, P.A.

The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

Ward and Smith, P.A. on

In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more

Foley Hoag LLP - Environmental Law

Does Loper-Bright Mean the End of Deference to Agency Expertise?

Greenwire (subscription required) had an article yesterday with the breathless headline “Post-Chevron era tests courts’ readiness to tackle science.” The article noted that, in the recent Supreme Court decision in Ohio v....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 7, July 2024

Welcome to the seventh 2024 issue of Currents - our e-newsletter focused on energy topics. There are less than six months left for companies formed before January 1, 2024 to file their initial beneficial owner report...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Jenner & Block

Client Alert: How Recent Supreme Court Decisions May Impact EHS Agencies and Regulations

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The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more

Foley & Lardner LLP

The Supreme Court Changes Basic Tenets of Administrative Law - Complicating the Environmental Protection Agency’s Ability to...

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In a trio of cases, the Supreme Court has changed the balance of power between courts and federal agencies. The combination of these three cases will likely lead to significant litigation in multiple courts, repeated...more

Wiley Rein LLP

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner...

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The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2024 #4

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

K&L Gates LLP

Down Goes Chevron—Environmental Challenges Will Soon Follow

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On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more

Williams Mullen

Chevron Overruled - The Widespread Impact Might Just Surprise You

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The Supreme Court overruled the 40-year-old Chevron doctrine of judicial deference given to administrative agency actions in an opinion released last week. On June 28, 2024, the court held that federal courts no longer must...more

Morgan Lewis

The End of the Chevron Doctrine: an Environmental Law Watershed?

Morgan Lewis on

The US Supreme Court’s opinion in the Loper Bright v. Raimondo and Relentless v. Commerce cases overruling the rule of deference to agency interpretations of federal statutes established by its decision 40 years ago in...more

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