In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more
6/6/2025
/ Administrative Procedure Act ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation ,
Surface Transportation Board
On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more
On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more
3/10/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Pollution
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) aims to facilitate cleanup and accountability in hazardous waste sites. The Bona Fide Prospective Purchaser (BFPP) defense was introduced to...more
11/26/2024
/ AAI ,
BFPP ,
Brownfield Properties ,
CERCLA ,
Contaminated Properties ,
Deregulation ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Investors ,
Judicial Appointments ,
Land Developers ,
Potentially Responsible Party (PRP) ,
Statutory Interpretation ,
Trump Administration
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)
On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more
7/2/2024
/ Administrative Procedure Act ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation