West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more
Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more
The U.S. Environmental Protection Agency (EPA or Agency) issued a proposed rule (Proposed Rule) on May 11, 2023, that would adopt new greenhouse gas (GHG) emissions standards for certain coal and natural gas-fired power...more
On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...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
The proposed new greenhouse gas (GHG) emissions control requirements would apply to existing and new power plants, with an emphasis on more efficient generating practices, including carbon capture and sequestration (CCS) and...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more
I was surprised to see a former EPA official opining that identifying two of the hundreds of forever chemicals known collectively as PFAS as "hazardous substances" under Federal law would "increase legal liability". ...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 the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more
The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...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
On June 30, 2022, the Supreme Court of the United States issued an important environmental ruling in West Virginia v. EPA, holding that while the United States Environmental Protection Agency (“EPA”) can regulate power plant...more
In a recent decision that could have wide-ranging implications, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency found that the Environmental Protection Agency (EPA) had overstepped its authority in...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
The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues - including...more
This term, in West Virginia v. EPA, the U.S. Supreme Court held that the U.S. Environmental Protection Agency (EPA) could not compel a nationwide shift away from coal-powered electricity generation. The Court reasoned that it...more
Title IX practitioners are accustomed to thinking that EPA means “education program or activity,” but this time we mean the actual federal agency charged with environmental regulations. West Virginia v. Environmental...more
The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more
The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more