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DC Circuit Makes Clear Loper Bright Did Not End Deference to Agency Factual Determinations

In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more

The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

Treasury and IRS Publish Much-Anticipated Guidance on Clean Hydrogen Tax Credit

The Internal Revenue Service (IRS) and the US Department of the Treasury (Treasury) recently published proposed regulations (Proposed Regulations) setting forth rules applicable to the credit for the production of clean...more

EPA Issues ‘Good Neighbor’ Plan Addressing Interstate Transport Obligations

A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

RFS: Auto Manufacturers Win the Battle for ‘eRIN’ Credits in EPA’s Proposed Rule

On December 1, 2022, the Environmental Protection Agency (EPA) published its proposed “set” rule for the Renewable Fuel Standard (RFS) Program. In addition to setting the volume and percentage standards for renewable fuels...more

US Supreme Court Narrows Environmental Protection Agency’s Options for Climate Change Regulation

The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more

2021 Year in Review: Climate Change

The global impact of our planet’s changing climate garnered significant attention in 2021. The United States rejoined the Paris Agreement at the beginning of the year, and in November, during the United Nations Climate Change...more

How Does Climate Change Affect the Healthcare Industry?

The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to...more

How Does Climate Change Affect Your Industry?

How to best address impacts from our rapidly changing climate is an issue that has permeated almost all sectors of the global economy, traversing industries and impacting all. Governments and businesses around the world are...more

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit

In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court...more

Vineyard Wind Becomes First Approved Major Offshore Wind Project in the United States

A very significant step in the development of offshore wind in the United States was reached on May 11, 2021, when the Bureau of Ocean Energy Management (BOEM) approved Vineyard Wind’s 62-turbine offshore wind farm located...more

Biden-Harris Administration’s ‘All of Government’ Approach to Addressing Climate Change and Environmental Justice

The Biden-Harris administration has set its sights on an ambitious environmental policy agenda, focusing on climate change and environmental justice as key initiatives, and intends to implement its agenda through an “all of...more

DC Circuit Vacates Affordable Clean Energy Rule, Revives Clean Power Plan

The US Court of Appeals for the DC Circuit held that EPA’s interpretation that emissions controls under Section 111 of the Clean Air Act must be limited to those that can be applied “at” and “to” a stationary source was...more

EPA Narrowly Defines Discharges into Groundwater that Are Subject to Clean Water Act Permitting

Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more

US Supreme Court Allows State Law Restoration Claims Seeking Expanded Cleanup of Superfund Site

The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’...more

Supreme Court Leaves in Place Ruling Restricting States Clean Water Act Permitting Authority

The US Supreme Court declined to review an appeals court decision holding that the one-year clock for states to issue a certification under Section 401 of the Clean Water Act for a federal permit does not reset if...more

Solicitor General Urges US Supreme Court to Review Whether Clean Water Act Regulates Discharges to Groundwater

The solicitor general‘s support for a grant of certiorari increases the likelihood the Court will address whether the Clean Water Act is violated by releases of pollutants to groundwater that subsequently enter a “water of...more

Proposed Waters of the United States Rule Would Limit Clean Water Act’s Reach

The US Environmental Protection Agency and the Army Corps of Engineers’ joint proposed definition of “waters of the United States” would eliminate the regulation of waters with a “significant nexus” to certain other covered...more

Supreme Court Holds Challenges to ‘Waters of the United States’ Rule Must Be Brought in District Courts

The decision could delay the resolution of challenges to the US Environmental Protection Agency’s Clean Water Act regulations and may result in conflicting interpretations from different federal district courts. ...more

Ninth Circuit: US Must Pay Share of CERCLA Cleanup Costs at Former Military Plant

The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

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