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Supreme Court of the United States › Carbon Emissions

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Allen Matkins

California Environmental Law & Policy Update 5.31.24

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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

Cozen O'Connor

The State AG Report – 4.25.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican and Democratic AGs Square Up for Emissions...more

Allen Matkins

Sustainable Development and Land Use Update 10.13.23

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On October 11, 2023, Governor Gavin Newsom signed an extensive housing package consisting of 56 bills to help address California’s decades-in-the-making housing crisis by simplifying and expediting the construction of new...more

Paul Hastings LLP

Public Company Watch: July 2023

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In the July edition of our Public Company Watch, we cover key issues impacting public companies, including important reminders for companies’ upcoming Form 10-Q filings; the themes revealed by the 12 proxy contests that have...more

Allen Matkins

California Environmental Law & Policy Update - 6.23.23

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3M announced on Thursday that it has reached a $10.3 billion settlement with many U.S. public water systems to resolve water pollution claims tied to per- and polyfluoroalkyl substances, commonly known as “PFAS.”...more

Holland & Hart LLP

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

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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

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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

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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

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​​​​​​​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?

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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

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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

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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

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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

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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

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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

Brownstein Hyatt Farber Schreck on

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

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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

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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

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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

WilmerHale

Supreme Court Allows Biden Administration’s Use of Social Cost of Carbon

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On May 26, 2022, the United States Supreme Court ruled to allow the Biden Administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to President Biden’s Executive...more

Cozen O'Connor

Louisiana AG Plans to Appeal Cost of Carbon Ruling to Supreme Court

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Louisiana AG Jeff Landry, leading a 10-state coalition of AGs, stated that he plans to petition the Supreme Court to review a 5th Circuit order reversing a lower court ruling enjoining the use of an increased “social cost of...more

Mintz

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

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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

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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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

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In this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more....more

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