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Regulatory Authority Environmental Policies

Troutman Pepper

2024 Mid-Year Review: State AGs Shaping Regulatory Landscapes

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In 2024, the landscape of state attorneys general (AGs) is poised for significant change, with numerous elections and regulatory actions reshaping priorities and enforcement strategies. This dynamic environment reflects the...more

Holland & Knight LLP

Min Ambiente fija criterios para declarar reservas temporales en el sector minero colombiano

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El Ministerio de Ambiente y Desarrollo Sostenible (Min Ambiente) de Colombia expidió el Decreto 044 del 30 de enero de 2024, mediante el cual estableció los criterios bajo los cuales, la autoridad ambiental podrá declarar...more

Holland & Knight LLP

Congreso de Colombia sanciona ley de pasivos ambientales

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La Ley No. 2327 "por medio de la cual se establece la definición de pasivo ambiental, se fijan lineamientos para su gestión y se dictan otras disposiciones", fue sancionada el 13 de septiembre de 2023 en Colombia....more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

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As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

Nossaman LLP

Bureau of Reclamation and Local Water Agency Have Discretion to Release Water from Dam to Avoid Take of Endangered Steelhead Trout

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Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...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

(ACOEL) | American College of Environmental...

The Ministry of Major Questions Is Open for Business

Now that Congress knows there is such a thing as the Major Questions Doctrine, what can Congress do about it? Think big or go home. In West Virginia v EPA, the Supreme Court faulted the EPA’s plan for shifting electric...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

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

Jones Day

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

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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

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

Supreme Court on Climate: West Virginia v. EPA

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In one of the most significant environmental opinions of our time, the Supreme Court held in West Virginia v. EPA that Section 111(d) of the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to...more

Quarles & Brady LLP

Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants

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On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more

Mayer Brown Free Writings + Perspectives

Supreme Court Decision in West Virginia v. EPA Casts Doubt on SEC’s Climate Proposal and Other Regulatory Initiatives

On June 30, 2022, the U.S. Supreme Court decided West Virginia et al. v. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the Clean Air Act to limit greenhouse gas emissions from...more

Stinson LLP

Supreme Court Rejects EPA's Power on Climate Change Regulations

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The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more

Kohrman Jackson & Krantz LLP

U.S. Supreme Court Limits EPA’s Authority to Curb Greenhouse Gas Emissions

In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon...more

Burr & Forman

Supreme Court Says EPA Went Too Far on Regulating Climate Change

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On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more

Manatt, Phelps & Phillips, LLP

Justices Limit EPA Greenhouse Gas Emissions Regulation, Stop Short of What Observers Hoped/Feared

The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants. While devastating to EPA's...more

Akin Gump Strauss Hauer & Feld LLP

HHS Turns Up the Heat on Climate Change with New Office

The Office of Climate Change and Health Equity - The Department of Health and Human Services (HHS) recently established the Office of Climate Change and Health Equity (OCCHE), reinforcing the Biden-Harris administration’s...more

Farrell Fritz, P.C.

Sand Mining Hits Rock Bottom: LI’s Local Laws May Prohibit Future Operations

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Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt certain local zoning laws which prohibit mining. Specifically, in Town of Southampton v...more

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

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On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

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The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

Foley Hoag LLP - Environmental Law

Massachusetts and Other States Challenge Trump’s Move to Bar State Vehicle Emissions Regulations

Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more

Steptoe & Johnson PLLC

Commission Rules Under Construction: COGCC Mission Change Whitepaper Released

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Many changes are on the horizon, as the Colorado Oil & Gas Conservation Commission’s (“COGCC”) rules are under construction. On November 1st, the COGCC released its Mission Change Whitepaper (“Whitepaper”)...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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