News & Analysis as of

Supreme Court of the United States Energy Sector

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 -
Jenner & Block

Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

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In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 7, July 2024

Welcome to the seventh 2024 issue of Currents - our e-newsletter focused on energy topics. There are less than six months left for companies formed before January 1, 2024 to file their initial beneficial owner report...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

Kilpatrick

Chevron Overturned by the Supreme Court: The Impact on Energy

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A landmark case in United States administrative law has been overturned by the United States Supreme Court and it could have cascading, long term effects on energy regulation....more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions

The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more

Nutter McClennen & Fish LLP

Environment & Energy Insights (June 2024)

Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering: - Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts - Possible climate/energy bill...more

Mintz

Republican AGs Seek Intervention of U.S. Supreme Court to Block Climate Change Lawsuits filed by Blue States Against Fossil Fuel...

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A coalition of Republican state attorneys-general representing nineteen states (Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - February 2024

Securities Class Actions Show No Signs of Slowing in 2024 - Key Points - While the volume of securities class actions filings has remained consistently elevated over the past several years, the composition of the class...more

Bradley Arant Boult Cummings LLP

Chambers Global Practice Guides: Alternative Energy and Power 2023

Inflation Reduction Act - Perhaps the most significant recent develop- ment in the area of alternative energy, the Infla- tion Reduction Act of 2022 (IRA) offers approxi- mately USD270 billion in tax incentives to help...more

Flaster Greenberg PC

In Both the USA and Israel, Energy Issues Test the Limits of Supreme Court Power

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The right-wing government of Israeli Prime Minister Benjamin (Binyamin) Netanyahu and the left-wing government of US President Joseph Biden do not often see eye-to-eye on many issues, but both curiously have in common a...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Brownstein Hyatt Farber Schreck

Chevron Deference on the Chopping Block?

Supreme Court to hear case that could change landmark precedent - Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc. v. NRDC, 467...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

Steptoe & Johnson PLLC

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

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On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...more

ArentFox Schiff

Ninth Circuit Rejects Berkeley, California Ban on Natural Gas Hookups in New Construction

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The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA). Some background. Many regulators and...more

Foley Hoag LLP - Environmental Law

Berkeley’s Ban on Natural Gas in New Construction is Preempted: What Will Happen to Other Local Bans?

On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

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On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Jones Day

U.S. Supreme Court Signals Interest in Climate Change Litigation

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Could climate change litigation be headed back to the U.S. Supreme Court? That prospect seems more likely after the Supreme Court issued an order on October 3, 2022, inviting the Solicitor General to file a brief expressing...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — September 2022

Climate Change Tort Litigation - Beginning in 2017, an array of state and local governments have pursued claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — August 2022

In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the “major questions doctrine,” the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the...more

Mintz

President Biden's Remarks on Executive Actions in Support of Climate Change Agenda

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Earlier this week, President Biden delivered a speech identifying certain executive actions he planned to undertake in order to advance his agenda of combatting climate change. These included: (1) "$2.3 billion to help...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

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The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Perkins Coie

West Virginia v. EPA Curtails Federal Climate Action

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The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

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