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EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

Trump 2.0: National Energy Emergency Targets Fossil Fuel, Uranium and Critical Minerals Expansion and Infrastructure Overhaul

The executive order aims to expedite energy projects, boost domestic production, and strengthen U.S. energy independence through streamlined regulatory reforms. On January 20, 2025, President Trump issued the “Declaring a...more

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

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

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

EPA Issues New Rules Regarding Response and Risk Management Plans

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

Environmental Justice Update: The Justice40 Initiative

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

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

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

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

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

Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)

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

A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session

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

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

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

New Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for All

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

Executive Order 14091 and the EPA’s Amended Emergency Response Policies

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

Seeking Certainty: Redefining “Waters of the United States”

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

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

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

A Court-Side Seat: An End-of-Year Environmental Update

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

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

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

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

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 Administrative Procedure Act and The Evolution of Environmental Law

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

Texas Commission on Environmental Quality Implements Changes to Compliance History Rules

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

Superfund Chemical Taxes Reinstated

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

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