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Rulemaking Process Administrative Procedure Act Judicial Review

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

Balch & Bingham LLP on

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Foley & Lardner LLP

The Supreme Court Reins in Agency Power Again: What McKesson Means for TCPA Litigation

Foley & Lardner LLP on

The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or “the Act”) covers online faxes (think your...more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Trump Administration Issues Guidance to Repeal Regulations

On April 9, 2025, the Trump Administration issued guidance that calls for the massive repeal of regulations throughout federal agencies. The guidance cites multiple Supreme Court decisions, including Loper Bright Enterprises...more

Holland & Knight LLP

Clean Air Act Rulemakings Don't Follow the Normal Rules – Just Ask the Supreme Court

Holland & Knight LLP on

Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more

Pillsbury - Gravel2Gavel Construction & Real...

The Administrative Procedure Act and The Evolution of Environmental Law

Enacted in 1946, the Administrative Procedure Act (APA) has provided a lasting framework for federal agency rulemaking and adjudication, as well as establishing the power of the federal courts to exercise judicial review over...more

(ACOEL) | American College of Environmental...

How Safe is Your WOTUS Harbor?

In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

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