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West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more

Highlights of the UARG v. EPA Decision

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

Supreme Court Affirms Cross-State Air Pollution Rule, Reversing D.C. Circuit

One of the long-running questions in the administration of the Clean Air Act is the extent to which EPA can implement the Act through market-based mechanisms, such as cap-and-trade programs. Yesterday, the Supreme Court...more

Supreme Court Grants Certiorari in Clean Air Act Case

On October 15, the Supreme Court agreed to hear a challenge to the EPA’s implementation of greenhouse gas regulations under the Clean Air Act. As discussed in a previous blog post, multiple petitions for certiorari were filed...more

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