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Environmental Policies Clean Air Act Supreme Court of the United States

Stoel Rives - Environmental Law Blog

Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

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The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

Epstein Becker & Green

Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today

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The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more

Burns & Levinson LLP

Smoky Skies: We’re All In This Together

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We’ve become accustomed to weather-related and other natural disasters in recent years. The devastating impacts of record levels of cold, heat, drought, rainfall, tornadoes, hurricanes, and earthquakes fill up our daily news...more

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more

Dechert LLP

Major Decision for Major Questions: Supreme Court Reins In Federal Regulatory Authority

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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

Jones Day

U.S. Supreme Court Curbs Executive Power and Reach of EPA

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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

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rejects EPA’s ‘Clean Power Plan’ in Decision Raising Questions About the SEC’s Climate-Related Disclosure Rules

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

WilmerHale

Supreme Court on Climate: West Virginia v. EPA

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In one of the most significant environmental opinions of our time, the Supreme Court held in West Virginia v. EPA that Section 111(d) of the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to...more

Quarles & Brady LLP

Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants

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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

Mayer Brown Free Writings + Perspectives

Supreme Court Decision in West Virginia v. EPA Casts Doubt on SEC’s Climate Proposal and Other Regulatory Initiatives

On June 30, 2022, the U.S. Supreme Court decided West Virginia et al. v. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the Clean Air Act to limit greenhouse gas emissions from...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - July 2022

[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more

Stinson LLP

Supreme Court Rejects EPA's Power on Climate Change Regulations

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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

Kohrman Jackson & Krantz LLP

U.S. Supreme Court Limits EPA’s Authority to Curb Greenhouse Gas Emissions

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

Burr & Forman

Supreme Court Says EPA Went Too Far on Regulating Climate Change

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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

Manatt, Phelps & Phillips, LLP

Justices Limit EPA Greenhouse Gas Emissions Regulation, Stop Short of What Observers Hoped/Feared

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

Holland & Knight LLP

Supreme Court Limits Power of EPA, Regulatory Agencies for Greenhouse Gas Emissions

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The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more

Goldberg Segalla

Chevron Deference on Life Support?

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The U.S. Supreme Court on June 15 issued a unanimous reversal of a lower appellate court, and in which, ruling against the federal government, struck down a Department of Health and Human Services rule significantly reducing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Affordable Clean Energy Rule/Clean Air Act: D.C. Circuit Court of Appeals Vacates and Remands EPA ACE Rule

On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined...more

Foley Hoag LLP - Environmental Law

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

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

Nossaman LLP

Will the Next Supreme Court Justice Reshape Environmental Law?

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Yes, no, maybe so. With the passing of Justice Antonin Scalia, many have already started to prognosticate about the sea change that will inevitably follow. While it is certainly possible that such a sea change will come to...more

Sheppard Mullin Richter & Hampton LLP

Only When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary...

Utility Air Regulatory Group v. EPA et al. 573 U.S. ____ (2014) - On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act...more

Allen Matkins

Renewable Energy Update -- July 2014

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Renewable Energy Focus - Supreme Court upholds EPA's power to regulate greenhouse gas: Allen Matkins - Jun 24: On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v....more

Burr & Forman

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

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On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

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