News & Analysis as of

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

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 -
Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024

Akin Gump Strauss Hauer & Feld LLP on

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

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

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

Holland & Knight LLP on

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Cozen O'Connor

Ohio and Kansas AGs Seek Stay of EPA Air Quality Rule by the Supreme Court

Cozen O'Connor on

Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more

Morgan Lewis

DC Circuit Makes Clear Loper Bright Did Not End Deference to Agency Factual Determinations

Morgan Lewis on

In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more

Verrill

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

Verrill on

While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

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

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Stoel Rives - Environmental Law Blog

The Chevron Doctrine’s Gone, but the APA Lives On

Stoel Rives - Environmental Law Blog on

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman...more

Reveal

The Keys to a Successful FOIA Request

Reveal on

Want access to James Comey’s private memos detailing his interactions with President Donald Trump? Yeah, so do we. But if you submit a FOIA request for the memos to the FBI or DOJ, it’s pretty much guaranteed to be rejected....more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Foley Hoag LLP - Environmental Law on

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

Nutter McClennen & Fish LLP on

​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

Ward and Smith, P.A.

The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

Ward and Smith, P.A. on

In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more

Goldberg Segalla

In Aftermath of Supreme Court Decisions in Ohio and Loper, EPA’s Defense of ‘Good Neighbor Plan’ Persists

Goldberg Segalla on

The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

Kohrman Jackson & Krantz LLP on

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

Foley Hoag LLP - Environmental Law

Does Loper-Bright Mean the End of Deference to Agency Expertise?

Foley Hoag LLP - Environmental Law on

Greenwire (subscription required) had an article yesterday with the breathless headline “Post-Chevron era tests courts’ readiness to tackle science.” The article noted that, in the recent Supreme Court decision in Ohio v....more

Pillsbury - Policyholder Pulse blog

A Shock to the System: Potential Ramifications of the Electric Energy Coal Ash Decision and Insurance Recovery

Pillsbury - Policyholder Pulse blog on

In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January...more

Lathrop GPM

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

Lathrop GPM on

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances...more

Smith Debnam Narron Drake Saintsing & Myers,...

The End of Chevron: Implications for Employers

Smith Debnam Narron Drake Saintsing & Myers,... on

On June 28, 2024, in a landmark decision, the United States Supreme Court invalidated the long-standing standard known as the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo, marking a significant shift...more

Maron Marvel

Will EPA’s Recent Ban on Methylene Chloride Uses Result in Exponential Litigation Similar to Asbestos?

Maron Marvel on

Methylene chloride, also known as dirchloromethane [osha.gov], is a volatile, colorless liquid with a chloroform like odor. Historically, it has been used in various industrial processes, such as pharmaceutical manufacturing,...more

Spilman Thomas & Battle, PLLC

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

Spilman Thomas & Battle, PLLC on

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

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

Pillsbury Winthrop Shaw Pittman LLP on

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

Spilman Thomas & Battle, PLLC on

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Quarles & Brady LLP on

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Stoel Rives - Environmental Law Blog

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

Stoel Rives - Environmental Law Blog on

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

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

835 Results
 / 
View per page
Page: of 34
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide