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Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law...more

Texas UIC Class VI Update: Proposed Amendments to 16 TAC Ch. 5

In Volume 48, Number 26 of the Texas Register, the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These...more

EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents

On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well...more

Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS

Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15,...more

Post-Election Update 2018

2018 MIDTERMS: The Power of Women, Possibility, and Partisan Rancor - The 2018 midterm elections showcased the power of women, both as candidates and as a key voting demographic. The elections represented a new political...more

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017...more

Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)

In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several...more

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