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
7/25/2024
/ Administrative Procedure Act ,
Certiorari ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
FCC ,
FERC ,
IRS ,
Loper Bright Enterprises v Raimondo ,
NEPA ,
NLRB ,
Relentless Inc v US Department of Commerce ,
SCOTUS
The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027.
The new Clean Water Act facility response plan...more
4/25/2024
/ Chemical Spills ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Compliance ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Incident Response Plans ,
New Rules ,
NRDC ,
Oil Pollution Act of 1990 (OPA 90) ,
Risk Management
Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more
3/28/2024
/ Air Pollution ,
Biden Administration ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Government Agencies ,
OMB ,
Pollution Control ,
Water Pollution
Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world.
The application of Maui and Sackett in recent months confirms the...more
2/26/2024
/ Chevron Deference ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more
11/16/2023
/ Bureau of Land Management ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Department of Agriculture ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Greenhouse Gas Emissions ,
Popular ,
Public Policy ,
RCRA ,
US Fish and Wildlife Service
The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more
8/25/2023
/ Civil Rights Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Farm Animals ,
Interstate Commerce ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Pipelines ,
Popular ,
Sackett v EPA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Waters of the United States ,
Wetlands
The National Environmental Policy Act (NEPA) was signed into law on January 1, 1970, and it has rarely been amended or revised since then. NEPA is basically a procedural statute which requires Federal permitting authorities,...more
This is a brief survey of many of the environmental and regulatory laws passed by the Texas Legislature and signed by the Governor in the 88th Regular Session of the Legislature, which ended in May 2023, although a special...more
This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more
6/1/2023
/ Air Pollution ,
Clean Water Act ,
Department of Environmental Quality ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Flooding ,
Navigable Waters ,
NEPA ,
Popular ,
Rivers ,
Sackett v EPA ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Water Pollution ,
Waters of the United States
The White House has released the text of the President’s new Executive Order strengthening the Federal Government’s commitment to taking new actions to enhance and promote environmental justice. The Order was published in the...more
Recently, two Federal policies have been released that could have a significant effect upon environmental remediation and the emergency response procedures and policies of the Environmental Protection Agency (EPA). The recent...more
The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters.
To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more
If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more
As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more
12/21/2022
/ Administrative Procedure Act ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FERC ,
Flint Water Crisis ,
Greenhouse Gas Emissions ,
Pipelines ,
Popular ,
Texas ,
Water
This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more
This is a selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded....more
Enacted in 1946, the Administrative Procedure Act (APA) has provided a lasting framework for federal agency rulemaking and adjudication, as well as establishing the power of the federal courts to exercise judicial review over...more
Rule change may have impact on permitting, reporting and enforcement for sites dealing with emergencies.
The Texas Commission on Environmental Quality (TCEQ) has adopted changes to compliance history rules that would...more
Section 80201 of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, reinstates the long-expired federal excise taxes that are imposed on specified chemical substances used in common industrial applications...more
The first quarter of 2022 has yielded a number of decisions, reversals and agency adjustments worth note. ...more
3/30/2022
/ Administrative Procedure Act ,
CERCLA ,
Environmental Claims ,
Environmental Protection Agency (EPA) ,
FEMA ,
FERC ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
US Army Corps of Engineers ,
Utilities Sector ,
Wetlands
It is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts. THE COURTS OF APPEAL - The U.S. Court of Appeals for the Fourth Circuit ...more
On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more
2/2/2022
/ Administrative Procedure Act ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Navigable Waters ,
NPDES ,
Proposed Rules ,
Rapanos v US ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Texas Commission on Environmental Quality (TCEQ) has proposed changes to compliance history rules that would authorize the Executive Director to unilaterally “reclassify” a facility’s compliance history in the wake of an...more
With the enactment of this important legislation, its impact on environmental regulation and policy will be carefully analyzed by the regulated community. Such a review may be hampered by the fact that the law is not only...more
The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT - Truck Trailer Manufacturers Association,...more