[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...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
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 United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon...more
On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more
The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants. While devastating to EPA's...more
As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took...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
The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more