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
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
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 selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded....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
This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more
The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more
3/25/2021
/ Act of God ,
Clean Air Act ,
Clean Water Act ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
FERC ,
FOIA ,
Natural Gas ,
Pipelines ,
SCOTUS ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
US Fish and Wildlife Service v Sierra Club
This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more
Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more
It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts. Flood Control and the Endangered Species Act. ...more
The Chairman of the House Energy and Commerce Committee has released a “discussion draft” of the committee’s climate bill. ...more
The U.S. Court of Appeals for the DC Circuit decided the case of Allegheny Defense Project, et al. v. Federal Energy Regulatory Commission on August 2, 2019. ...more
On October 30, the U.S. Court of Appeals for the Third Circuit decided the case of Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres, et al. , affirming the District Court’s grant of a preliminary...more
On October 23, in another case that turned on the reviewing court’s authority to review an administrative action, the U.S. Court of Appeals for the District of Columbia held that the petitioners, having failed to raise their...more
Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more
8/9/2018
/ Bureau of Land Management ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Impact Report (EIR) ,
FERC ,
Natural Gas ,
Natural Gas Act ,
NEPA ,
Oil & Gas ,
Pipelines ,
US Fish and Wildlife Service
On July 25, the U.S. Court of Appeals for the Third Circuit decided the case of Adorers of the Blood of Christ v. FERC, and affirmed the order of the U.S. District Court for the Eastern District of Pennsylvania dismissing the...more
On July 10, the U.S. Court of Appeals for the D.C. Circuit decided another Federal Energy Regulatory Commission (FERC) case, Delaware Riverkeeper Network and Maya Van Rossum v. FERC....more
Another important case was decided by U.S. Court of Appeals for the D.C. Circuit on July 6, American Rivers and Alabama Rivers Alliance v. FERC. The Alabama Power Company, whose application to re-license its electrical power...more
The following notices were published yesterday:
1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more
On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more
The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more
On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more
On August 15, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club v. U.S. Department of Energy. The Sierra Club challenged the U.S. Department of Energy’s (DOE) grant of a license to export...more
Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner.
On May 23,...more