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 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
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 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
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
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 last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more
Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law.
Two recent Executive Orders will curtail use of...more
11/26/2019
/ Administrative Agencies ,
Administrative Procedure Act ,
Enforcement Actions ,
Enforcement Guidance ,
Executive Orders ,
Fairness Standard ,
Guidance Documents ,
Notice and Comment ,
Notice Requirements ,
OMB ,
Regulatory Agencies ,
Transparency ,
Trump Administration
Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more
The federal courts have recently decided two significant Clean Water Act (CWA) cases: State of Georgia, et al. v. Wheeler, where the US District Court for the Southern District of Georgia held that the 2015 rulemaking...more
The U.S. Court of Appeals or the District of Columbia has recently issued two important rulings on the Clean Air Act in particular and administrative law in general: California Communities Against Toxics, et al., v. EPA and...more
On August 13, 2019, in a case that may have an impact on the leasing of federal lands for energy development in the future, the U.S. District Court for the Missoula, Montana Division, issued a ruling in the case of Western...more
In January 2017, the outgoing Solicitor of the Department of the Interior issued a memorandum which reaffirmed the Department’s “long-standing interpretation of the Migratory Bird Treaty Act that the MBTA prohibits the...more
As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more
7/9/2019
/ Administrative Procedure Act ,
Atomic Energy Act ,
Auer Deference ,
Department of Commerce v New York ,
FCC ,
Fifth Amendment ,
First Amendment ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Iancu v. Brunetti ,
Kisor v Wilkie ,
Knick v Township of Scott Pennsylvania ,
Lanham Act ,
Liquor Licences ,
Manhattan Community Access Corp v Halleck ,
Offshore Drilling ,
Outer Continental Shelf ,
Parker Drilling Management Services Ltd v Newton ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
SCOTUS ,
SNAP Program ,
Takings Clause ,
TCPA ,
Tennessee Wine & Spirits Retailers Association v Thomas ,
Veterans' Benefits ,
Viewpoint Discrimination ,
Virginia Uranium Inc v Warren
State of Texas, et al. v. US EPA. The revised regulatory definition of “Waters of the U.S.” continues to generate litigation in the federal courts....more
On May 3, 2019, the Texas Supreme Court issued a significant administrative law ruling in the case of Mosely v. Texas Health and Human Services Commission. ...more
On March 29, the U.S. District Court for the District of Alaska issued two separate rulings that reversed and set aside energy and environmental decisions made by the current administration, which had revoked decisions made...more
On February 8, the U.S. District Court for the District of Columbia issued its latest ruling in a case which challenges the President’s January 30, 2017 Executive Order constraining the ability of federal agencies to issue...more
On February 4, the U.S. District Court for the District of Columbia held, in a Clean Air Act (CAA) Citizen Suit, that the U.S. Chemical and Safety Hazard Board (Board), an independent federal agency, has violated the...more
On September 21, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Tin Cup, LLC v. U.S. Army Corps of Engineers. A divided panel of the Court of Appeals (although all members concurred in the result)...more
On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more
On December 18, 2017, the U.S. Court of Appeals for the Sixth Circuit employed recent U.S. Supreme Court Administrative Procedure Act (APA) rulings to decide whether the fans of the “Insane Clown Posse” group known as...more
In late December 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued two significant administrative law decisions in the cases of Safari Club Int’l and Nat’l Rifle Assoc. of Am. v. Zinke (decided...more
Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more
6/20/2017
/ Administrative Procedure Act ,
Buy American Act ,
CERCLA ,
Clean Power Plan ,
Congressional Review Act ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FLPMA ,
Greenhouse Gas Emissions ,
Risk Management ,
Trump Administration ,
Waters of the United States ,
Young Lawyers