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Administrative Procedure Act Regulatory Authority Environmental Policies

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

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On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Troutman Pepper Locke

Twin Killings: Executive Orders Put Existing Energy Regulations in the Crosshairs

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On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

DLA Piper on

The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

Dorsey & Whitney LLP on

The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

ArentFox Schiff on

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

Allen Matkins on

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

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