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A Foolish Consistency Is the Hobgoblin of Little Minds: So Said Emerson, So Says EPA

On Wednesday, EPA issued a final rule amending its “Regional Consistency Regulations.” The new rule provides that EPA will only follow adverse judicial decisions in the areas of the country where such judicial decisions are...more

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more

Supreme Court Finds No Pre-emption in Natural Gas Act Case

The U.S. Supreme Court recently held in ONEOK Inc. v. Learjet, Inc., that the Natural Gas Act (NGA) does not pre-empt state-law antitrust suits over manipulation of natural gas indices. The court’s decision has important...more

EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

D.C. Circuit Rebuffs Challenges to EPA’s Climate Change Regulations

In considering the most serious efforts to date to invalidate the federal climate change regulations, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld several of EPA’s Clean Air Act greenhouse gas (GHG)...more

Pennsylvania Passes Comprehensive Amendments to Oil and Gas Laws

On February 13, Governor Tom Corbett signed House Bill 1950, amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes. This legislation, most of which will become effective on April 13, imposes a drilling...more

Pennsylvania’s Oil and Gas Act Amended to Require "Uniformity" with Respect to Municipal Ordinances Regulating Oil and Gas...

On February 8, 2012, the Pennsylvania General Assembly passed House Bill 1950, which makes a series of reforms to the Commonwealth’s Oil and Gas Act, 58 P.S. §§ 601.101 et seq. Among the reforms to the Act...more

Local Matter Or Federal Case? The Network Of Cell Tower Regulation In California By Arthur F. Coon and Sean Marciniak*

I. INTRODUCTION. Few planning and zoning decisions generate more controversy than the placement of cellular phone antennas. If the proposed site lies near a residential area, neighbors often will organize for purposes...more

Busy Times in Climate Change Regulation

In This Alert: In the Courts: Supreme Court Weighs In Again on Greenhouse Gas Regulation; In Congress: Efforts Stall to Rein In EPA Authority to Regulate Greenhouse Gases; At EPA: The Rulemaking Process Lumbers On; and...more

Attorney General: Emergency state regulations preempt local AOSS ordinances

On November 9, 2009, Virginia Attorney General Bill Mims issued an official opinion stating that the State Board of Health’s adoption of emergency regulations would trigger preemption of local government regulations of...more

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