Power Play: Navigating EPA's New Rulebook - Energy Law Insights
Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
On November 12, 2025, Justice Lizette Colon of the Supreme Court of the State of New York, Richmond County, dismissed a petition challenging the City of Yes for Housing Opportunity zoning text amendment (COYHO). The...more
In Ohio Environmental Council v. State of Ohio, Case No. 23-CV-002403, the court of common pleas of Franklin County, Ohio addressed certain claims brought by environmental groups seeking to challenge the state land leasing...more
Co-Author Max McCastlain The Court of Appeals of Louisiana in a November 3rd Opinion addressed issues arising out of a community organization’s petition to intervene in an action involving an air permit appeal. See Clean...more
A federal district court has dismissed a lawsuit brought by farmers, environmental groups and local governments against the Environmental Protection Agency (EPA), according to the opinion issued by Judge Dabney L. Friedrich...more
In a published opinion filed October 17, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment and directed it to grant a writ of mandate invalidating the City of San Diego’s (“City”)...more
The United States District Court for the District of Oregon (“Court”) addressed an issue involving the Rivers and Harbors Act. See Columbia Riverkeeper v. Caswell, Case No. 3:24-cv-00868-AN, 2025 WL 2256295, at *1, (D. Or....more
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The...more
The United States Environmental Protection Agency (“EPA”) filed a Motion for Partial Vacatur (“Motion”) on September 11th in the United States Court of Appeals for the D.C. Circuit. See USCA Case #24-1188....more
On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more
Part three of a three-part series - As previously reported in Part 1 of this series, on June 30, 2025 Governor Gavin Newsom signed Senate Bill 131 into law (SB 131), amending the California Environmental Quality Act (CEQA)...more
Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more
The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more
On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more
In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more
On August 1, 2025, the European Court of Justice (ECJ) issued a judgment upholding the 2022 decision of the General Court annulling the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic...more
On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more
A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more
The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more
The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more
On May 12, 2025, the U.S. District Court for the Central District of California ordered the U.S. Fish and Wildlife Service (Service) to reevaluate its decision not to list two species of Joshua tree—Yucca brevifolia (western...more
Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more
On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more
On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the...more
The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more
This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference,...more