On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more
On June 7, 2024, the American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) filed suit challenging the United States Environmental Protection Agency’s (EPA) recent rule that...more
The public comment period for the Securities and Exchange Commission’s (“SEC”) proposed rules on climate-related disclosures (the “Proposal”) closed on June 17, 2022. The Proposal, which was released on March 21, 2022, would...more
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have released a pre-publication copy of a Final Rule that was proposed on November 22, 2017 and which will soon be published in the...more
On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more
On January 22, 2018, the Supreme Court decided National Association of Manufacturers v. Department of Defense, No. 16-299, in which it held that the federal courts of appeal do not have direct and exclusive jurisdiction under...more
Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to...more
On Tuesday, May 26, 2015, EPA issued a long-awaited rule defining “Waters of the United States.” The final rule is available as a prepublication version. Elsewhere, on EPA’s Clean Water Rule webpage, there are a number of...more