In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more
6/4/2025
/ Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
Rulemaking Process ,
SCOTUS
The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA).
While the decision does not invalidate any actions...more
11/15/2024
/ Administrative Procedure Act ,
Appeals ,
Article II ,
CEQ ,
Clean Energy ,
Climate Change ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
NEPA ,
SCOTUS ,
Separation of Powers ,
Statutory Authority
On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more
On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more