News & Analysis as of

Chevron Clean Air Act

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to hear case that could upend power of federal regulatory agencies

As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more

ArentFox Schiff

Chevron Agrees to Fenceline Monitoring at Three Texas Plants in DOJ Settlement

ArentFox Schiff on

The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda. One of the tools it has deployed is “fenceline monitoring” where perimeter monitors are used to assess whether...more

Esquire Deposition Solutions, LLC

Climate goes to court

The pace of climate litigation is anything but glacial. We’ve seen a flurry of important developments in just the 90 days since we first blogged about the new climate litigation movement. Plaintiffs are pressuring oil...more

Bennett Jones LLP

Oil Producers Succeed in California Climate Change Action

Bennett Jones LLP on

On June 25, 2018, the United States District Court for the Northern District of California dismissed a claim against several oil and gas producers for impacts relating to climate change in The City of Oakland v. BP, Chevron...more

Pillsbury - Gravel2Gavel Construction & Real...

Recent Environmental and Administrative Law Decisions by Federal and State Courts

The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August: - On August 8, the U.S....more

Foley Hoag LLP - Environmental Law

Chevron Deference Lives! EPA’s Boiler Rule (Mostly) Survives Review

On Friday, the D.C. Circuit largely upheld EPA’s Boiler MACT rule. The industry challenges were a complete washout. The environmental petitioners won one significant victory and a number of smaller ones....more

Foley Hoag LLP - Environmental Law

If Congress Wants to Limit EPA’s Discretion, Perhaps It Should Do a Better Job Legislating

Earlier this week, the D.C. Circuit Court of Appeals rejected both industry and environmental group petitions challenging EPA’s determination of what is a solid waste in the context of Clean Air Act standards for incinerators...more

Foley Hoag LLP - Environmental Law

We Still Don’t Need No Stinkin Cooperative Federalism: The D.C. Circuit Court of Appeals Holds that GHG Sources Require PSD...

Last Friday, I posted about the limits to EPA’s cooperation with states in the name of “cooperative federalism” under the Clean Air Act. On the same day, in Texas v. EPA, the D.C. Circuit Court of Appeals only emphasized my...more

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