News & Analysis as of

Loper Bright Enterprises v Raimondo Air Pollution Statutory Interpretation

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

McGlinchey Stafford

5th Circuit Establishes New Standard for EPA on Sulfur Dioxide Omissions

McGlinchey Stafford on

On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

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