SCOTUS Scrutinizes Chevron Deference; Possible Consequences

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 […]

SCOTUS Declines Review of EPA Endangerment Finding

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 […]

Chevron Defense Battle Lines Drawn in Upcoming SCOTUS Case

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 […]

WOTUS Redefined in Response to SCOTUS Sackett Decision

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 […]

Another Chapter in the Mountain Valley Pipeline Court Battle

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 […]

Is SCOTUS Setting Environmental Policy?

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 […]

Sackett Decision Implications for WOTUS And Chevron

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 […]

Big Oil Seeks SCOTUS Relief from Climate Change Liability Lawsuits

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 […]

WOTUS and Wetlands With SCOTUS Again

The first case on the U.S. Supreme Court’s (SCOTUS) 2022 fall docket was Sackett v. EPA, which asked the Court to consider scaling back the EPA’s authority to regulate some types of wetlands under the Clean Water Act (CWA). One of the main issues in the case is to determine which test courts should use […]

West Virginia Case Raises Questions About the Future of Administrative Law

Much news has been written about the U.S. Supreme Court’s (SCOTUS) June 2022 decision in West Virginia v. EPA. There have been dire headlines and equally dark predictions about what limited regulatory authority lies ahead for the EPA. In reality, the ruling has little to no impact on current EPA regulations. However, careful analysis of […]