What Happened -
Senator Mike Lee (R-UT), Chairman of the Senate Committee on Energy and Natural Resources, recently introduced legislation that would eliminate citizen suits under the federal Clean Air Act (CAA). The Fair...more
What Happened? The U.S. Environmental Protection Agency (EPA) issued its first Enforcement Alert under the Trump administration, identifying concerns regarding benzene emissions from petroleum refineries based on fenceline...more
After fifteen years, three interim judgments ranging from $0 to $20 million, three appeals, an en banc review, and a writ for cert., Env't Tex. Citizen Lobby, Inc. v. ExxonMobil Corp.1 has given new meaning to exhaustion in...more
Key Takeaways What Happened? The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently overturned the U.S. Environmental Protection Agency’s (EPA’s) 2023 final rule rescinding the affirmative...more
As reported previously, we anticipate environmental nongovernmental organizations (eNGOs) to file more citizen suits in response to reduced federal enforcement by the U.S. Environmental Protection Agency (EPA). Some eNGOs...more
Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur...more
As earlier reported, environmental non-governmental organizations (eNGOs) have promised to pursue enforcement where the Biden EPA left off – they have the legal authority to do so under most environmental federal statutes and...more
President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides...more
On the heels of its March 12 major announcement about 31 deregulatory actions, EPA also issued an important Memorandum honing the National Enforcement and Compliance Initiatives (NECI’s) adopted under the Biden administration...more
As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases...more
Overview -
Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan...more
3/6/2025
/ Biofuel ,
Department of Energy (DOE) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Internal Revenue Code (IRC) ,
IRS ,
Regulatory Agenda ,
Renewable Energy ,
Tax Credits ,
Trump Administration ,
USDA
Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue....more
As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order...more
We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts. In a stark directive, Trump has...more
Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more
We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts, particularly in the arena of air...more
Overview -
Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more
The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal...more
The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
Key Takeaways -
What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...more
The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene...more
In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific...more
On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented...more
Key Takeaways -
• What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more
Companies seeking air quality permits or permit amendments for construction of new projects under the Texas Clean Air Act’s New Source Review (NSR) program should note recent court decisions at federal, state, and...more