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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 […]
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 […]
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 […]
President Joseph Biden Jr. emphatically stated climate change is the “number one issue facing humanity” during his campaign and vowed to shepherd the United States through the tough changes to transition the nation away from fossil fuel use to clean energy sources during his presidency. Biden has been stalled and hampered at almost every turn […]
The energy industry celebrates while environmental advocates weep on the heels of a June 30, 2022, U.S. Supreme Court (SCOTUS) decision severely limiting the EPA’s authority to set greenhouse gas (GHG) emissions standards for existing power plants. The decision is a heavy blow to the Biden administration in its quest to transition the United States […]
The U.S. Supreme Court (SCOTUS) declined to reinstate an order blocking the Biden administration from utilizing the social cost of greenhouse gas emissions (SC GHGs) as a key climate metric in Louisiana v. Biden on May 26, 2022. In February 2021, the U.S. Interagency Working Group (IWG) on the SC GHGs issued “Technical Support Document: […]
In a close 5–4 decision, on April 6, 2022, the U.S. Supreme Court (SCOTUS) reinstated a Trump-era Clean Water Act (CWA) regulation that limited state and tribal authority in the permitting process for projects in their territory. History The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless […]