News & Analysis as of

Carbon Emissions Administrative Procedure Act

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

Perkins Coie on

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

Holland & Hart LLP

Interior Department Not Obligated to Update NEPA Analysis for Coal Leasing Program

Holland & Hart LLP on

On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S. Department of the Interior (DOI) has no legal obligation to update its...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

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