News & Analysis as of

Standing Article III Environmental Protection Agency (EPA)

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

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The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

Dorsey & Whitney LLP

Energy Law: Month in Review - July 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more

Nossaman LLP

New Jersey Federal Court Dismisses Challenge to Incidental Take Authorizations for Offshore Wind Projects

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On February 29, 2024, the federal District Court for the District of New Jersey dismissed a challenge to eleven incidental take authorizations (ITAs) issued for offshore wind projects off the coasts of New York and New Jersey...more

Gray Reed

Not Everybody Can Sue the EPA

Gray Reed on

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

Beveridge & Diamond PC

DC Circuit Denies Petition Challenging Transfer-Based Exclusion under RCRA

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In what could be the last in the over 30-year line of cases in the District of Columbia Circuit interpreting the Resource Conservation and Recovery Act (RCRA) regulatory definition of solid waste, on July 2, 2019, the D.C....more

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

Chemical Disaster Rule: U.S. Court of Appeals for the D.C. Circuit Addresses EPA Authority to Conduct Reconsideration Proceedings

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in an August 17th opinion whether the United States Environmental Protection Agency (“EPA”) had the authority to delay the...more

Nossaman LLP

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

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On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

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