A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...more
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
12/24/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Citizen Suits ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Spokeo v Robins ,
Statutory Interpretation ,
TransUnion LLC v Ramirez
While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more
Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more
9/27/2024
/ Chevron Deference ,
Citizen Suits ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disclosure ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Environmental Violations ,
Exxon Mobil ,
Loper Bright Enterprises v Raimondo ,
NGOs ,
Public-Private Entities ,
RCRA ,
Securities and Exchange Commission (SEC)
Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more
9/12/2024
/ Administrative Interpretation ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Presidential Elections ,
Rulemaking Process ,
Sustainability
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
7/15/2024
/ Administrative Procedure Act ,
Alliance for Hippocratic Medicine v Food and Drug Administration ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Loper Bright Enterprises v Raimondo ,
Ohio v Environmental Protection Agency ,
Public Trust Doctrine ,
Regulatory Agenda ,
Sackett v EPA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day....more
On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Constitutional Challenges ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Statutory Interpretation ,
West Virginia v EPA
The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more
12/14/2023
/ CERCLA ,
Chevron Deference ,
Divestment ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
NAAQS ,
Petrochemicals ,
PFAS ,
Plastics ,
Public Disclosure ,
Recycling ,
Reporting Requirements ,
Safe Drinking Water Act ,
Securities and Exchange Commission (SEC)
The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more
8/18/2023
/ Chevron Deference ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Fishing Industry ,
Loan Forgiveness ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NGOs ,
Pollution Control ,
SCOTUS ,
Student Loans ,
Water Pollution
Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues.
Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more
The “Chevron doctrine,” meaning whether courts should defer to agency interpretations of ambiguous statutes they administer, has been viewed as a key underpinning of the modern regulatory state.
Repeatedly for nearly a...more
“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked...more
The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more
7/7/2022
/ Administrative Procedure Act ,
Biden v Missouri ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Medicaid ,
Medicare ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS
The concept of “administrative deference” is a key component to the modern regulatory state. An important aspect of administrative deference is the “Chevron doctrine,” i.e. the concept that the courts should defer to relevant...more