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
A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more
The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more
This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. ...more
On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more
On Monday, April 17, 2023, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) decided California Restaurant Association v. City of Berkeley, which ruled that the Energy Policy and Conservation Act...more
Ohio et al. v. EPA, No. 22-1081, currently being briefed in the U.S. Court of Appeals for the D.C. Circuit, presents significant issues about the scope of federal and state sovereignty, the resolution of which could have...more
On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more
Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more