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
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more
EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration. On April 25, 2024, the US...more
The US Environmental Protection Agency (EPA) released on April 25, 2024 the prepublication versions of four final rules applicable to fossil fuel–fired power plants. The rules establish carbon dioxide standards for existing...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
EPA is attempting to use the Clean Air Act (CAA) to immediately shut down a Louisiana manufacturer that is indisputably in compliance with the emissions limits in its state issued air permit. In its emergency request to a...more
EPA Again Proposes to Regulate Greenhouse Gas Emissions from Power Plants - Today, the Environmental Protection Agency (EPA) published new proposed rules in the Federal Register to regulate greenhouse gas (GHG) emissions...more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
On May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule promulgating greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants. The proposal, issued pursuant to Section 111 of the...more
On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more
On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more
Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more
On June 30, 2022 the Supreme Court decided West Virginia v. EPA. This case not only has environmental law implications, but also speaks directly to executive agency overreach in potentially many other contexts. On its face,...more
What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more
On June 30, 2022, the U.S. Supreme Court held in West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022), that the Clean Air Act did not clearly authorize the Environmental Protection Agency (EPA) to create the...more
The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power...more