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On June 28, 2024, the U.S. Supreme Court (SCOTUS) made history in issuing a landmark 6-to-3 ruling overturning a 40-year-old administrative law standard known as Chevron deference. The ruling opens the door for a tsunami of legal challenges to federal rulemaking. Federal regulations affect nearly every facet of daily life, from the cars we drive […]
EPA Clean Water Act (CWA) wastewater regulations are set to face U.S. Supreme Court (SCOTUS) scrutiny. In the case City and County of San Francisco v. EPA, San Francisco is suing the EPA over generic water quality prohibitions in permitting decisions. “The EPA had urged the Supreme Court to decline the petition, insisting narrative limitations […]
Two cases, heard in tandem before the U.S. Supreme Court (SCOTUS) in January, have given the conservative high court justices the opportunity to decide whether to overturn, modify, or clarify the Chevron deference, an administrative law precedent that holds that the judicial branch should defer to federal agency decisions in matters when the applicable statutes […]
In December 2023, the U.S. Supreme Court (SCOTUS) declined to hear a case challenging the EPA’s authority to address climate pollution under the Clean Air Act (CAA). The Concerned Household Electricity Consumers Council (CHECC) and the FAIR Energy Foundation (Fair), the two groups requesting SCOTUS review, have taken a well-known stance that denies the integrity […]
Loper Bright Enterprises v. Raimondo, an upcoming case that will be heard by the U.S. Supreme Court (SCOTUS) this fall, is being closely watched because its decision is expected to determine whether the Chevron defense will reach its 40th birthday in 2024 or whether the precedent will fade away. The Chevron defense sets a legal […]
On August 29, 2023, the EPA and the U.S. Army Corps of Engineers (Corps) announced a final rule amending the 2023 definition of “waters of the United States (WOTUS)” to conform with the recent U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA. Having a clear and defensible definition of WOTUS is critical for Clean […]
On July 27, 2023, the U.S. Supreme Court (SCOTUS) cleared yet another legal hurdle for the controversial Mountain Valley Pipeline (MVP), a 303-mile pipeline with capacity to carry 2 billion cubic feet of natural gas daily from northern West Virginia to southern Virginia. The reprieve, while only temporary, may give the project enough time to […]
An op-ed opinion piece entitled “The Supreme Court votes for clarity from Congress. How refreshing” by George F. Will in The Washington Post drew an opposing viewpoint letter to the editor entitled “The court erred in EPA case,” published June 11, 2023. Will’s original opinion piece took the stance that “the nation will be better […]
On May 25, 2023, the U.S. Supreme Court (SCOTUS) issued its second opinion in Sackett v. EPA, ruling the EPA and the U.S. Army Corps of Engineers (Corps) improperly claimed jurisdiction over a private property wetland. In a unanimous ruling for the nine justices, Justice Samuel Alito, writing for the majority, said, “Wetlands that are […]
Thirty Big Oil companies, including Chevron Corp., Citgo Petroleum Corp., Exxon Mobile Corp., and Shell Oil Products Co., have petitioned the U.S. Supreme Court (SCOTUS) to ask for its review of a combined group of climate change liability cases led by San Mateo County, California. The question presented to SCOTUS “encompasses a threshold issue that […]