The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
On Nov. 28, 2023, Michigan Governor Gretchen Whitmer signed into law energy legislation passed by the House and Senate earlier this month. The law will address Governor Whitmer’s 2023 “MI Healthy Climate” initiative, and make...more
11/29/2023
/ Clean Energy ,
Climate Change ,
Compliance ,
Compliance Dates ,
Energy Projects ,
Energy Sector ,
Governor Whitmer ,
New Legislation ,
Renewable Energy ,
Renewable Portfolio Standards ,
Solar Energy ,
Utilities Sector ,
Wind Power
In a closely-watched decision, the United States Supreme Court substantially narrowed the United States Environmental Protection Agency’s authority to regulate non-traditional wetlands as "waters of the United States" under...more
COVID-19 and Baseline Environmental Assessment Timing -
Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental...more
Environmental compliance obligations (e.g. emission and discharge limitations, testing and sampling requirements, and monitoring and reporting obligations) continue to apply even when operations have been shuttered or...more
A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more