On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more
6/11/2025
/ Clean Air Act ,
Clean Water Act ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Infrastructure ,
Judicial Review ,
NEPA ,
Regulatory Reform ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more
4/11/2025
/ Appeals ,
Constitutional Challenges ,
Energy Policy ,
Energy Policy and Conservation Act (EPCA) ,
Judicial Authority ,
Natural Gas ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Statutory Interpretation ,
Utilities Sector
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more
11/13/2024
/ Administrative Agencies ,
Administrative Authority ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
Public Policy ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations....more
7/16/2024
/ Administrative Agencies ,
Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28,...more
The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more