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
Truck engine maker Cummins Inc. has agreed in principle to pay a $1.675 billion civil penalty for installing devices on hundreds of thousands of engines to allow them to emit excess pollution. According to the U.S. Department...more
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more
The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more
City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more
The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more
JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more
Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more
DOI unveils plan to weaken protections for millions of acres of California desert - Reuters – January 13 - The U.S. Department of the Interior (DOI) on Wednesday proposed weakening environmental protections for millions...more
New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more
Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more
In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more
“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more
Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more
Under the Migratory Bird Treaty Act (MBTA), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird” protected by the Act. 16 U.S.C. 703(a) & 704(a). In a recent...more
The Fifth Circuit Court of Appeals reversed a district court decision holding CITGO liable for three misdemeanors under the Migratory Bird Treaty Act (MBTA) for bird deaths (the opinion lists 35 birds, including “twenty...more
On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more
We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more