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Chevron is Overruled: Supreme Court Abandons Key Regulatory Precedent

Four decades after the Supreme Court’s foundational decision in Chevron v. Natural Resources Defense Council, the Court has abandoned the rule established in that case: that courts should defer to executive agencies’...more

Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions

The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more

Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all...more

Permitting Perils: Navigating Zoning Law Challenges for Battery Energy Storage Projects

While the technology of battery energy storage has advanced rapidly, the law surrounding the permitting and siting of such systems has often been slow to catch up. As a consequence — whether due to local caution or local...more

Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law

The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all...more

Supreme Court Finds Religious Schools Entitled to Participate in School Voucher Program

The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more

Supreme Court in United States v Arthrex Salvages Administrative Patent Judge Statute, Declares PTO Director Can Review Final...

The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed...more

Supreme Court Upholds Student First Amendment Rights, Limits School District Authority to Discipline for Off-Campus Speech

The United States Supreme Court today released its opinion in Mahanoy Area School District v. B.L., holding that the First Amendment protects most student speech from school disciplinary measures if such speech was not made...more

Supreme Court Strikes Down NCAA Rule Prohibiting Student-Athletes from Receiving Education-Related Benefits

The United States Supreme Court today released its opinion in NCAA v. Alston, holding unanimously that the National Collegiate Athletic Association’s (NCAA) prohibition on providing student-athletes with “education-related...more

Supreme Court Upholds Affordable Care Act (Again) in California v. Texas

For the third time since its passage, the United States Supreme Court has saved the Affordable Care Act (“ACA”) from a legal challenge. In a 7-2 decision in California v. Texas, the Court held that several Republican-led...more

Massachusetts Formalizes Lifting of COVID-19 Industry Restrictions, Considers Legislation to Extend Certain Popular Exemptions

June 3, 2021 On May 28, 2021, Governor Charlie Baker issued two executive orders lifting many of the COVID-19-related restrictions and limitations imposed over the past 15 months, setting in motion the eventual rescission of...more

Hot Question for Energy Storage Answered by Massachusetts Fire Appeals Board

As battery energy storage systems become a more common element of renewable projects, developers are increasingly adding the need to obtain fire code permits to their list of necessary project permits and approvals. Yet...more

Massachusetts To Lift All COVID-19 Industry Restrictions on May 29, and End State of Emergency on June 15

This morning, Governor Charlie Baker made a major announcement accelerating the Massachusetts COVID-19 reopening plan. On May 29, 2021, the Commonwealth will lift all industry COVID restrictions and lift all capacity...more

Governor Baker Eases Certain COVID-19 Restrictions on Reopenings, Gatherings, Masks

On April 27, 2021, Massachusetts Governor Charlie Baker announced a timetable for reopening (or increasing capacity) of businesses starting on May 10, with additional easing of restrictions planned for May 29 and August 1....more

Governor Baker Issues New Restrictions for Massachusetts Effective December 26 2020

December 23, 2020 On December 22, 2020, in response to the escalating concerns about the potential of a post-Christmas COVID-19 surge like that experienced after Thanksgiving, Massachusetts Governor Charlie Baker issued...more

Massachusetts Supreme Judicial Court Upholds COVID-19 Executive Orders

The Massachusetts Supreme Judicial Court on December 10, 2020 rejected a broad challenge to Governor Baker’s authority to issue emergency orders intended to combat the ongoing COVID-19 pandemic. Rejecting both the plaintiffs’...more

Summary of Supreme Court Oral Arguments in California v. Texas

On November 10, 2020, the U.S. Supreme Court held oral arguments in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the Court to strike down the...more

Five Ways the Biden Administration Could Rescind or Reverse the Trump Administration’s Regulatory Actions

Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will...more

Governor Baker Issues New Measures To Curb Rising COVID-19 Cases, Hospitalizations in Mass.

On November 2, 2020, in response to the growing COVID-19 pandemic, Massachusetts Governor Charlie Baker issued several new measures to help curb the spread of COVID-19 across the state. The measures go into effect at 12:01am...more

California v. Texas, the New Supreme Court, and the Future of the Affordable Care Act

On November 10, 2020, the United States Supreme Court is scheduled to hold oral argument in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the...more

Massachusetts Announces Phased COVID-19 Reopening Plan and Protocols for Businesses

On May 18, 2020, Governor Baker announced a four-phase reopening plan for Massachusetts. Of particular importance for Massachusetts business, the Reopening Plan will allow many businesses to reopen in a phased manner, albeit...more

Non-Essential Businesses in MA to Remain Closed Until May 18

April 30, 2020 The announcement is not altogether surprising, as Governor Baker has long urged a cautious approach to re-opening and stressed the need for additional testing. At the same time he extended the Order, Governor...more

IRS Releases FAQs Clarifying CARES Act Payroll Tax Deferral Provisions

On April 10, 2020, the Internal Revenue Service (“IRS”) released frequently asked questions (FAQs) to address specific issues relating to the deferral of the employer portion of Social Security taxes under the Coronavirus...more

The CARES Act: Business and Subject Specific Alerts and Insights

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more

What Nonprofit Organizations Need to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more

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