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Supreme Court of the United States › Greenhouse Gas 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 -
Dechert LLP

Dechert Re:Torts - Issue 18

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Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

Smith Debnam Narron Drake Saintsing & Myers,...

The End of Chevron: Implications for Employers

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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

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Goldberg Segalla

Won’t You Be My [Non-Emitting] Neighbor? SCOTUS Stays EPA’s Federal Emissions Plan for States

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Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more

ArentFox Schiff

ESG Update: Three Climate Change Decisions to Watch as the Temperature Rises

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Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more

Allen Matkins

California Environmental Law & Policy Update 2.23.24

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During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Goldberg Segalla

Supreme Court Denies Petition for Certiorari in Minnesota’s Climate Case Against Petroleum Leaders

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In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an...more

Dorsey & Whitney LLP

The Supreme Court Update - December 21, 2023

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On December 20, 2023, the Supreme Court of the United States agreed to hear oral argument in four consolidated cases: Ohio, et al. v. EPA, et al.; Kinder Morgan, Inc., et al. v. EPA, et al.; American Forest & Paper...more

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

Greenhouse Gas Standards/Guidelines for Fossil Fuel-Fired Power Plants: U.S. House of Representatives Committee on Energy and...

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The U.S. House of Representatives Committee on Energy and Commerce Chair, along with two Subcommittee Chairs, sent a November 13th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan...more

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

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A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

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The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Mintz

ACKRat is asking the 1st Circuit Court of Appeals to stop the Vineyard Wind Project as time keeps on slippin', slippin',...

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The Nantucket Residents Against Turbines, or ACKRat, have asked the First Circuit Court of Appeals to find that the Federal Bureau of Ocean Energy Management and the National Marine Fisheries Service acted "arbitrarily and...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

Burns & Levinson LLP

Smoky Skies: We’re All In This Together

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We’ve become accustomed to weather-related and other natural disasters in recent years. The devastating impacts of record levels of cold, heat, drought, rainfall, tornadoes, hurricanes, and earthquakes fill up our daily news...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

Foley Hoag LLP - Environmental Law

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

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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

ArentFox Schiff

EPA’s FY2024 Budget Request Emphasizes Continued Focus on Climate, Environmental Justice, and Infrastructure

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Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more

Foley Hoag LLP - White Collar Law &...

Will Stakeholder Objections and Legal Uncertainty Slow an ESG Revolution?

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According to the Securities & Exchange Commission, its proposed revisions to SEC regulations regarding climate change disclosures in May 2022 were intended to provide investors with consistent and reliable information...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

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

BakerHostetler

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

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​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more

Jones Day

U.S. Supreme Court Limits How EPA Can Regulate Greenhouse Gases

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In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more

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

Greenhouse Gas Emissions/Clean Air Act: Eight State Attorney Generals Request that EPA Establish a National Ambient Air Quality...

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

A group of state and territorial attorneys general sent a July 28th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael Regan asking that a Clean Air Act National Ambient Air Quality Standard...more

BCLP

U.S. Supreme Court Upends Federal Climate Regulation, and Much More

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On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more

Proskauer Rose LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions

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On June 30, 2022, the Supreme Court of the United States issued an important environmental ruling in West Virginia v. EPA, holding that while the United States Environmental Protection Agency (“EPA”) can regulate power plant...more

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