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The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman...more

Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority

As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape: Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the...more

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect

The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers....more

Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions

Why are environmental professionals talking about the Federal Reserve Board? Because the Supreme Court, on July 1, 2024, ruled that the APA’s six-year statute of limitations (SOL) for facial challenges to agency regulations...more

SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In

Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of...more

Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more

SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In

The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise...more

SEC Stays Its Climate Disclosure Rules

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future...more

The New SEC Climate Disclosure Rule Will Drive Risk Mitigation and Value Creation

The U.S. Securities and Exchange Commission (SEC or Commission) finalized its climate change disclosure rule on March 6, 2024, reducing the final disclosure obligations from the initial proposal after thousands of comments...more

EPA Issues Final Rule Requiring Companies That Manufacture or Import Products Containing PFAS to Report Under TSCA

On October 11, 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to submit a one-time report containing...more

Employment Law in an ESG World: The Activision Blizzard Story

Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that...more

Defining Environmental Justice

Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity....more

Oregon Joins California in Passing Environmental Justice (EJ) Legislation to Create EJ Mapping Tool

- The new legislation strengthens and diversifies the state’s EJ task force, now termed the “EJ Council.” - An EJ mapping tool will be created to provide geospatial information about EJ impacts to provide guidance for...more

EPA’s COVID-19 Policy Offers Temporary Relief and Enforcement Discretion - Update - April 2020

Businesses increasingly face the prospect of disruptions as impacts on public health and the economy continue to grow with the COVID-19 pandemic. Recognizing these difficulties, EPA issued a policy on March 26, 2020 allowing...more

EPA’s COVID-19 Policy Offers Temporary Relief and Enforcement Discretion

Businesses increasingly face the prospect of disruptions as impacts on public health and the economy continue to grow with the COVID-19 pandemic. Recognizing these difficulties, EPA issued a policy on March 26, 2020 allowing...more

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include...more

U.S. Environmental Protection Agency Proposes to Rescind Risk Management Plan Regulations

The U.S. Environmental Protection Agency (“EPA”), has authority under section 112(r) of the Clean Air Act (“CAA”) to require facilities that handle hazardous chemicals to develop accident prevention and emergency response...more

Attention NSR Geeks #2: EPA Flips Position on “Project Netting”

On March 13, 2018, EPA issued another new NSR interpretation. This one allows a source to take into account emissions decreases when performing the first step in determining NSR applicability, effectively rewriting the long...more

Back to Basics – EPA Enforcement 

I have been an enforcement professional my whole career. First as a government enforcement attorney; and now (for almost 25 years) as an enforcement defense lawyer. Some of the things that once made me a proud government...more

Attention NSR Geeks: EPA Clarifies Applicability Approach

On December 7, 2017, EPA administrator Scott Pruitt announced an approach to New Source Review (NSR) applicability that supports presidential priorities for streamlining permit requirements: “New Source Review Preconstruction...more

Ending Collusion between EPA and Outside Groups

EPA Administrator E. Scott Pruitt begins his October 16, 2017, directive on transparency and public participation in consent decrees and settlement agreements by stating, “EPA has previously sought to resolve lawsuits filed...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

EPA Announces Plan for Rulemaking to Reduce Methane Emissions from the Oil and Gas Industry

Today, the Environmental Protection Agency (“EPA”) announced a new goal to cut methane emissions from the oil and gas industry. The EPA’s goal is to reduce methane emissions from the oil and gas sector by 40-45% from 2012...more

Air Quality Law Alert: EPA Unveils Sweeping New CO2 Rules

Yesterday, EPA Administrator Gina McCarthy announced two new rules that will ultimately result in the application of carbon dioxide (CO2) standards to existing power plants. The first rule was proposed under Section 111(d) of...more

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