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Environmental Protection Agency (EPA) Carbon Emissions Supreme Court of the United States

Allen Matkins

California Environmental Law & Policy Update 5.31.24

Allen Matkins on

The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

Holland & Hart LLP on

In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...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

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​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

TNG Consulting

What Does a Case About the EPA Have to Do With Title IX?

TNG Consulting on

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

Jackson Lewis P.C.

U.S. Supreme Court’s Decision Curtailing Regulators May Raise ‘Major Questions’ for Employers

Jackson Lewis P.C. on

The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more

Baker Donelson

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

Baker Donelson on

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

A&O Shearman

U.S. Supreme Court limits EPA’s regulation of climate change pollution

A&O Shearman on

On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...more

Schwabe, Williamson & Wyatt PC

The Clean Power Plan Update

On Friday, June 30, the U.S. Supreme Court issued its opinion in  West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more

K&L Gates LLP

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

K&L Gates LLP on

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

Blank Rome LLP

Supreme Court Limits EPA’s Authority under the Clean Air Act

Blank Rome LLP on

After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from...more

Brownstein Hyatt Farber Schreck

The Supreme Court Overturns the Clean Power Plan—Analysis and Key Takeaways

Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more

Kelley Drye & Warren LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides West Virginia v. Environmental Protection Agency

On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

Mintz

Supreme Court May Limit EPA's Power to Regulate Carbon Emissions

Mintz on

The Supreme Court recently agreed to hear an appeal of the D.C. Circuit's decision to strike down Trump-era restrictions--which were quite weak--on coal-burning power plants. The Court's ruling here may limit the ability of...more

Dorsey & Whitney LLP

The Supreme Court - October 29, 2021

Dorsey & Whitney LLP on

West Virginia v. EPA, No. 20-1530; North American Coal Corp. v. EPA, No. 20-1531; Westmoreland Mining Holdings v. EPA, No. 20-1778; North Dakota v. EPA, No. 20-1780: In four consolidated cases, the Court agreed to review the...more

Allen Matkins

California Environmental Law & Policy Update - June 2016 #3

Allen Matkins on

Environmental and Policy Focus - Supreme Court rejects new challenge to EPA’s air pollution rule - The Hill - Jun 13 - The Supreme Court on Monday declined to consider a third request from a group of states to...more

Clark Hill PLC

Clean Power Plan - Work Continues Despite Stay

Clark Hill PLC on

Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies. ...more

Allen Matkins

California Environmental Law & Policy Update - March 2016

Allen Matkins on

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

Sullivan & Worcester

Renewable Energy Remains Poised for a Banner Year in 2016

Sullivan & Worcester on

Opposition to the Clean Power Plan (CPP), promulgated by the EPA and championed by the Obama administration as a path to a cleaner energy future, recently came to a head as the Supreme Court granted opponents a stay halting...more

Miles & Stockbridge P.C.

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

Orrick, Herrington & Sutcliffe LLP

How Will the Passing of Justice Scalia Impact the Supreme Court’s Review of the EPA Clean Power Plan Case?

Last week, we wrote about the Supreme Court's unprecedented issuance of a stay prohibiting the implementation of the "Clean Power Plan" while a judicial challenge to the Plan is pending. The extraordinary stay decision...more

Perkins Coie

Would the Supreme Court Stay EPA’s Clean Power Plan Today?

Perkins Coie on

The senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan. Among other...more

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