Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more
The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more
In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court...more
The Clean Air Council filed a May 11th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Pennsylvania against Shell Chemical Appalachia, LLC...more
The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...more
The Sierra Club and the Environmental Defense Fund (collectively, “Sierra Club”) filed a December 8th Clean Air Act citizen suit action against the United States Environmental Protection Agency (“EPA”) alleging a failure to...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more
The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more
A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more
A Federal District Court in Utah ruled that a group of physicians had standing to sue the host of a popular television show, “Diesel Brothers,” for alleged violations of the Clean Air Act resulting from modifications to...more
In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more
The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act. The Complaint...more
The Center for Biological Diversity and Sierra Club (collectively “Sierra Club”) filed a Complaint in District Court (Adams County, Colorado) challenging the Colorado Department of Public Health and Environment, Air Pollution...more
The Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against Wynn Resorts,...more
A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more
The Sierra Club and Center for Biological Diversity (collectively “Sierra Club”) sent a September 17th Notice of Intent to Sue (“Notice”) to the University of North Carolina (“UNC”) for alleged violations of the Clean Air...more
The Conservation Law Foundation, Inc., (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Transdev North America, Inc., and Transdev Services, Inc., (collectively...more
The Sierra Club and other environmental organizations (collectively “Sierra Club”) filed an April 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental Protection Agency...more
This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more
On June 29, 2017, the Court of Appeals for the 4th Circuit reversed a District Court decision and rejected the lawsuit by Murray Energy which argued that EPA had a non-discretionary duty under § 321(a) of the Clean Air Act...more
Although citizen groups have suffered some defeats in Clean Air Act cases in the NSR/PSD context recently, a decision last week in a different kind of CAA case is a reminder of just how powerful a weapon citizen suits can be,...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more
In Paradise Lost, John Milton wrote that “easy is the descent into Hell, for it is paved with good intentions.” A modern environmental lawyer might say that the road to waste, inefficiency, and obstruction is paved with good...more