Friday night, the Sixth Circuit lifted the Fifth Circuit’s national stay on OSHA’s general duty COVID ETS. Shortly thereafter, OSHA issued information to employers stating it would exercise enforcement discretion...more
A three-judge panel on the Fifth Circuit Court of Appeals has now permanently blocked OSHA from implementing and enforcing its vaccine rule, which impacts employers nationwide. This is not the end of the judicial review...more
The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits in U.S. Army Corps of Eng’rs v. Northern Plains...more
On April 6, 2020, the Supreme Court filed a per curiam order in a case related to Wisconsin’s spring elections scheduled for the following day, April 7, 2020. In that order, the Court granted a stay requested by the...more
In a 5–4 decision on February 21, 2020, the Supreme Court of the United States ruled in Wolf v. Cook County, Illinois (No. 19A905) in favor of staying an Illinois district court’s injunction blocking the Trump...more
The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more
April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more
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
In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more
The legal dispute over one of the Obama Administration’s signature regulatory programs – the Clean Power Plan (the “CPP”) – took an unexpected turn on February 9, 2016, when the Supreme Court granted a request by 27 states...more
In early February, in an extraordinarily rare move, the Supreme Court of the United States ("SCOTUS") stayed implementation of the Environmental Protection Agency's ("EPA") Clean Power Plan ("CPP") before the Court of Appeals...more
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
The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more
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
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
Renewable Energy Focus - President Obama requests significant funding boost for clean energy R&D - Solar Industry Magazine - Feb 9 - President Barack Obama’s 2017 budget proposal for the U.S. Department of...more
ENERGY AND CLIMATE DEBATE - The Senate continues this week its floor debate on the first broad bipartisan energy package in nearly ten years. The Energy Policy Modernization Act of 2015 (S. 2012), which cleared,...more
Energy and Climate Debate - The bipartisan Senate energy bill is on hold, following a disagreement over federal aid to address the Flint, Michigan, water crisis. In the meantime, President Obama released his fiscal year...more
In a virtually unprecedented move, the Supreme Court yesterday issued an order staying the Clean Power Plan, the cornerstone of President Obama’s environmental agenda and the most significant step the country has ever taken...more
On February 9, the U.S. Supreme Court delivered a major setback to the Obama Administration’s efforts to curb emissions of carbon dioxide from existing power plants in the U.S. In a 5-4 split decision, the Court granted...more
Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more
The Paris Outcome - After two weeks of intense negotiations at the Paris climate conference, 195 countries finally adopted the Paris Agreement and a Decision to limit “the increase in the global average temperature to...more
Late in the day on Tuesday, February 9, the U.S. Supreme Court stayed, for at least a year and possibly longer, the implementation of the Clean Power Plan (CPP), the US Environmental Protection Agency’s (EPA’s)...more