News & Analysis as of

Clean Air Act Chevron v NRDC

Flaster Greenberg PC

Chevron Deference Decisions and Its Implications on Businesses

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A win for business. The Supreme Court ends Chevron Deference in a spate of recent decisions limiting administrative authority and assisting regulated parties in challenging agency rulemaking. Loper Bright and Relentless-...more

Ballard Spahr LLP

Demise of Chevron Deference Sends Shockwaves Through Labor and Employment Regulatory Landscape

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In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

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Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Balch & Bingham LLP

Making Sense Of The Demise Of Chevron Deference After Loper Bright

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On June 28, 2024, the Supreme Court overturned Chevron deference in a 6-3 decision in Loper Bright Enterprises v. Raimondo, Case No. 22-452. As a result, courts will no longer need to defer to an agency’s interpretation of a...more

Proskauer Rose LLP

The End of Chevron

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When an ambiguity exists in a statute for which Congress has not chosen among the reasonable readings, who decides which possible reading should govern? For nearly four decades, courts have followed the rule of Chevron...more

Wiley Rein LLP

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner...

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The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Smith Gambrell Russell

Supreme Court Decides Judges, Not Agencies, Will Interpret the Law

In Loper Bright Enterprises v. Raimondo, 603 U.S. ____ (2024). the Supreme Court overturned Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984). In so doing, the Court affirmed the fundamental...more

Proskauer - Regulatory & Compliance

Supreme Court Curtails Agency Power By Overturning Chevron Deference

On June 28, 2024, the U.S. Supreme Court issued a landmark ruling overturning “Chevron deference,” a tool for interpreting ambiguous statutes administered by administrative agencies. The 40-year-old Chevron doctrine held...more

Adams and Reese LLP

In Blow to Federal Agency Powers, SCOTUS Overturns Chevron

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On Friday, June 28, 2024, the Supreme Court of the United States reversed decades of increased federal executive agency power by overturning the longstanding deference to agency interpretations of statutes that resulted from...more

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

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On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

Holland & Hart LLP

Chevron Deference Destined for Change in Loper Bright & Relentless

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Practical Guidance: Litigation, Professional Perspective - Chevron Deference Destined for Change in Loper Bright & Relentless - Editor's Note: This Professional Perspective addresses how the US Supreme Court's impending...more

Brownstein Hyatt Farber Schreck

Chevron Deference on the Chopping Block?

Supreme Court to hear case that could change landmark precedent - Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc. v. NRDC, 467...more

Foley Hoag LLP - Environmental Law

Good Neighbors Delayed Are Good Neighbors Denied

Last Friday, the D.C. Circuit Court of Appeals ruled that EPA violated the Clean Air Act in failing to impose deadlines on upwind states violating the CAA’s Good Neighbor provisions. The Court concluded that, where downwind...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Rejects EPA Mercury Emissions Rule

On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of...more

Pillsbury Winthrop Shaw Pittman LLP

The U.S. Supreme Court Holds EPA Must Consider Costs in Deciding to Regulate Power Plants

The U.S. Supreme Court’s June 29th decision in Michigan v. EPA, taken together with another significant CAA opinion from last term, Utility Air Regulatory Group v. EPA, demonstrates the Court’s proclivity for subjecting...more

Cole Schotz

Back to the Drawing Board: Supreme Court Sets Aside EPA Regulations On Mercury Emissions from Power Plants

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The Supreme Court on Monday dealt a setback to the Environmental Protection Agency’s regulation limiting mercury and other toxic emissions from power plants – the “mercury rule.” In Michigan v. Environmental Protection...more

McGuireWoods LLP

Supreme Court Strikes Down EPA’s Mercury and Air Toxics Standard

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Delivering a sharp blow to President Obama’s efforts to regulate coal plants, the U.S. Supreme Court invalidated the Environmental Protection Agency’s (EPA’s) 2012 Mercury and Air Toxics Standards (MATS) rule, finding that...more

Saul Ewing LLP

Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

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The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decision Could Limit EPA's Authority Over Greenhouse Gas Emissions

On June 29, 2015, the U.S. Supreme Court delivered another warning to the Environmental Protection Agency (EPA) against overstepping its statutory authority under the Clean Air Act. In Michigan v. Environmental Protection...more

Stinson LLP

Supreme Court Rejects EPA's Rule Regulating Hazardous Air Polluntants from Power Plants

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On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power...more

Nossaman LLP

The U.S. Supreme Court Invalidates EPA's Power Plant Mercury Emissions Regulation

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On June 29, 2015, the U.S. Supreme Court in Michigan v. Environmental Protection Agency invalidated the U.S. Environmental Protection Agency's Mercury and Toxic Air Standards (MATS) regulation by a 5 to 4 vote, finding that...more

Eversheds Sutherland (US) LLP

Supreme Court Finds EPA Unreasonably Failed to Consider Costs When Regulating Power Plant Emissions

Today the U.S. Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) improperly refused to consider costs when it decided to regulate mercury and other hazardous emissions. The EPA regulated power plant...more

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