News & Analysis as of

Rulemaking Process Supreme Court of the United States Clean Air Act

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more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

Flaster Greenberg PC

Chevron Deference Decisions and Its Implications on Businesses

Flaster Greenberg PC on

A win for business. The Supreme Court ends Chevron Deference in a spate of recent decisions limiting administrative authority and assisting regulated parties in challenging agency rulemaking. Loper Bright and Relentless-...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Epstein Becker & Green

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May...

As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more

Holland & Knight LLP

Chevron Deference Running on Fumes?

Holland & Knight LLP on

Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Holland & Hart LLP

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

Holland & Hart LLP on

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

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