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In a pair of consolidated cases—Oklahoma v. EPA and PacifiCorp v. EPA—the Supreme Court is considering the scope of the Clean Air Act’s (CAA) judicial review provision, and whether the Environmental Protection Agency’s (EPA) coordinated disapproval of state implementation plans (SIPs) constitutes a “nationally applicable” action or one of “nationwide scope or effect” that must be challenged in the D.C. Circuit.

Continue Reading Supreme Court Considers Whether EPA’s Collective Disapprovals of State Environmental Plans Create a Nationwide Action Subject to D.C. Circuit Review

In the closely watched case, City and County of San Francisco v. Environmental Protection Agency, the Supreme Court held in a 5-4 decision that Section 1311(b)(1)(C) of the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to condition compliance with its National Pollutant Discharge Elimination System (NPDES) permits on the quality of the receiving waters. The ruling is expected to significantly impact wastewater treatment facilities nationwide by narrowing the scope of EPA enforcement authority.

Continue Reading Decision Alert: Supreme Court Narrows EPA Authority Under Clean Water Act in 5-4 Decision

In Seven County Infrastructure Coalition v. Eagle County, Colorado, the challenge before the Court is whether the National Environmental Policy Act (NEPA) mandates a federal agency to study environmental impacts beyond those within its regulatory authority.

Continue Reading Supreme Court To Resolve NEPA Dispute Over Environmental Review Boundaries

The demise of Chevron deference is expected to impact every industry subject to federal agency regulation, including climate, transportation, manufacturing, and healthcare. But it also presents a unique opportunity for businesses to shape legislation at an earlier stage. Jimmy Azadian and Jason Hanselman share insights on how companies can unlock these opportunities.…

Continue Reading One Minute Matters [Video]: How Can Businesses Benefit from the Demise of the Chevron Doctrine? (with Jimmy Azadian and Jason Hanselman)