Practical EHS Tips, News & Advice. Updated Daily.
Opposing opinions by three U.S. appeals courts (two issued by the same circuit on the same day) have led to a decision by the U.S. Supreme Court to address the core Clean Water Act (CWA) question—Is a point source discharging pollutants to navigable water via a groundwater pathway the functional equivalent of a direct discharge […]
In his 12 years as a justice on the U.S. Court of Appeals for the D.C. Circuit, Brett Kavanaugh has been a prolific author, writing nearly 300 opinions, including a handful addressing the legality of major EPA regulations. These writings have generally indicated Kavanaugh’s skepticism about EPA actions that do not strictly adhere to the […]
Brett Kavanaugh has been announced as President Donald Trump’s choice to replace Anthony Kennedy on the bench of the U.S. Supreme Court. Here’s a brief summary of the judicial nominee’s decisions, rulings, and court opinions on various EHS-related cases in recent years on the D.C. Circuit.
In one of his last authored opinions on environmental law, the late Justice Antonin Scalia expressed the will of a 5–4 Supreme Court majority in Michigan v. EPA (No. 14–46 June 29, 2015) when he wrote that the EPA had erred when it determined that it was appropriate and necessary under Section 112 of the […]
The Environmental Council of the States (ECOS) has assembled an illuminating summary of state reactions to the U.S. Supreme Court’s stay of the Clean Power Plan (CPP). The stay recognizes the strength of judicial challenges to the rule and allows those challenges to proceed through the U.S. Court of Appeals for the D.C. Circuit and […]
In a blow to the agricultural and land development sectors, the U.S. Supreme Court declined to hear a case challenging EPA’s 2010 total maximum daily load (TMDL) program for the Chesapeake Bay. The case was launched in 2011 when the American Farm Bureau, the Pennsylvania Farm Bureau, the National Association of Home Builders, and others […]
The attorneys general (AGs) of 20 states have asked the U.S. Supreme Court to stay EPA’s Mercury and Air Toxics Standards (MATS) because the Agency had no legal authority to promulgate them. The AGs base their argument on the Supreme Court’s ruling in Michigan v. EPA (2015), in which a 5–4 majority ruled that the […]
When the U.S. Supreme Court granted a state petition to stay EPA’s Clean Power Plan (CPP) until the state case against the plan worked its way through the U.S. appeals court (and possibly the Supreme Court itself), the five justices favoring the stay did not specify why they made that decision. However, in their brief, […]
The U.S. Supreme Court granted a petition from 29 states and state agencies seeking to stay EPA’s Clean Power Plan (CPP) while challenges to the plan progress through the federal courts. The practical effect of the Court’s order is that the first deadline of June 30, 2016, for states to submit their initial plans for […]
In a brief order, the U.S. Court of Appeals for the D.C. Circuit has allowed the EPA to continue implementing its Mercury and Air Toxics Standards (MATS) for fossil-fuel power plants while the Agency works on finalizing a proposed determination that consideration of cost does not alter EPA’s previous determination that it is appropriate to […]