News & Analysis as of

Chevron Deference Climate Change

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

ArentFox Schiff

ESG Update: Four Reasons Why 2024 Should Be Remembered as ‘Transitional’ but Not ‘Transformational’ in the Environmental and...

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In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Akin Gump Strauss Hauer & Feld LLP

Trends in Climate Litigation

Climate litigation has attracted significant media attention in recent years, with the number of cases globally continuing to grow markedly. Such cases broadly fall into two categories: claims for compensation related to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 11, November 2024

Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending...more

Foley Hoag LLP - Environmental Law

How Will the Election Results Affect the Supreme Court (If At All!)?

As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court. In my little world, people are particularly concerned...more

Carlton Fields

Outlook Dark for the SEC’s ESG Rule After Loper Bright

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For 40 years, the standard of review for agency rulemaking was set forth in the U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Chevron held that when a statute is silent or...more

Fenwick & West LLP

Securities Law Update - September 2024

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more

Carlton Fields

After Chevron: SEC Climate And ESG Rules Likely Doomed

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Much has been said about Chair Gary Gensler's aggressive rulemaking since his arrival at the U.S. Securities and Exchange Commission in April 2021. Certainly, the number of rule proposals has increased: The SEC has proposed...more

Fenwick & West LLP

Securities Law Update - August 2024

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains news on...more

Mintz

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

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Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures.  As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates – August 2024

Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - July 2024 #2

Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #2

In this week’s U.S.-focused edition, we look at the world’s largest asset manager’s updated voting guidelines which seek to strike a balance amidst the fraught political rhetoric surrounding sustainable investment. The...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - July 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Keating Muething & Klekamp PLL

Securities Snapshot: 2nd Quarter 2024 - SEC Slows Down Rulemaking

After a few years of proposing and adopting an unprecedented number of new rules, the Securities and Exchange Commission moderated its rule adoption activities in the second quarter of 2024. During the quarter, the SEC...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2024 #4

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Foley Hoag LLP

Chevron is Overruled: Supreme Court Abandons Key Regulatory Precedent

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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

Allen Matkins

California Environmental Law & Policy Update 6.28.24

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The U.S. Supreme Court today upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety, and consumer protections, delivering a far-reaching and...more

Latham & Watkins LLP

The Case Against SEC Final Climate Rules Begins in Earnest

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The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year. On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more

Troutman Pepper Locke

Air and Climate Report: January 2024

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PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

Mintz on

Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

Jones Day

U.S. Supreme Court Curbs Executive Power and Reach of EPA

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What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more

WilmerHale

Major Decision on Major Questions Doctrine, Agency Regulatory Discretion

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The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more

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