News & Analysis as of

Environmental Protection Agency (EPA) Greenhouse Gas Emissions Supreme Court of the United States

Smith Debnam Narron Drake Saintsing & Myers,...

The End of Chevron: Implications for Employers

On June 28, 2024, in a landmark decision, the United States Supreme Court invalidated the long-standing standard known as the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo, marking a significant shift...more

Allen Matkins

California Environmental Law & Policy Update 2.23.24

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During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Dorsey & Whitney LLP

The Supreme Court Update - December 21, 2023

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On December 20, 2023, the Supreme Court of the United States agreed to hear oral argument in four consolidated cases: Ohio, et al. v. EPA, et al.; Kinder Morgan, Inc., et al. v. EPA, et al.; American Forest & Paper...more

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

Greenhouse Gas Standards/Guidelines for Fossil Fuel-Fired Power Plants: U.S. House of Representatives Committee on Energy and...

The U.S. House of Representatives Committee on Energy and Commerce Chair, along with two Subcommittee Chairs, sent a November 13th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan...more

Burns & Levinson LLP

Smoky Skies: We’re All In This Together

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We’ve become accustomed to weather-related and other natural disasters in recent years. The devastating impacts of record levels of cold, heat, drought, rainfall, tornadoes, hurricanes, and earthquakes fill up our daily news...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

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In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

ArentFox Schiff

EPA’s FY2024 Budget Request Emphasizes Continued Focus on Climate, Environmental Justice, and Infrastructure

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Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more

BakerHostetler

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

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​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more

Jones Day

U.S. Supreme Court Limits How EPA Can Regulate Greenhouse Gases

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In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more

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

Greenhouse Gas Emissions/Clean Air Act: Eight State Attorney Generals Request that EPA Establish a National Ambient Air Quality...

A group of state and territorial attorneys general sent a July 28th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael Regan asking that a Clean Air Act National Ambient Air Quality Standard...more

BCLP

U.S. Supreme Court Upends Federal Climate Regulation, and Much More

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On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more

Proskauer Rose LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions

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On June 30, 2022, the Supreme Court of the United States issued an important environmental ruling in West Virginia v. EPA, holding that while the United States Environmental Protection Agency (“EPA”) can regulate power plant...more

Hogan Lovells

Summary of West Virginia v. EPA and its potential impact on NRC and other federal agencies

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In a recent decision that could have wide-ranging implications, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency found that the Environmental Protection Agency (EPA) had overstepped its authority in...more

Dechert LLP

Major Decision for Major Questions: Supreme Court Reins In Federal Regulatory Authority

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Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

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The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Perkins Coie

Supreme Court Decision Portends Greater Judicial Scrutiny of FCC

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By a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s (EPA) efforts to regulate greenhouse gases by making industry-wide changes violated...more

Perkins Coie

West Virginia v. EPA Curtails Federal Climate Action

Perkins Coie on

The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

Lippes Mathias LLP

SCOTUS Limits EPA’s Authority to Regulate Greenhouse Gas Emissions in West Virginia v. EPA

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On June 30, 2022, the U.S. Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), involving challenges to the scope of the Obama Administration's Clean Power Plan (CPP). The Court...more

Locke Lord LLP

Supreme Court Claims “Unprecedented” Administrative Reach to Strike Down Sector Based Curtailment of Power Plant GHG Emissions

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On June 30, 2022 the Supreme Court decided West Virginia v. EPA. This case not only has environmental law implications, but also speaks directly to executive agency overreach in potentially many other contexts. On its face,...more

Jones Day

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

Jones Day on

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

Baker Donelson

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

Baker Donelson on

On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rejects EPA’s ‘Clean Power Plan’ in Decision Raising Questions About the SEC’s Climate-Related Disclosure Rules

On June 30, 2022, the U.S. Supreme Court held in West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022), that the Clean Air Act did not clearly authorize the Environmental Protection Agency (EPA) to create the...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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