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Arguments in City and County of San Francisco v. EPA were heard before the Supreme Court of the United States (SCOTUS) in October. The question before SCOTUS is whether the Clean Water Act (CWA) allows the EPA (or an authorized state) “to impose generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits that subject […]
On October 16, 2024, the U.S. Supreme Court (SCOTUS) declined to put a hold on a Clean Air Act (CAA) regulation for New Source Performance Standards (NSPS) that went into effect on July 8, 2024. The regulation addresses greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs) by: “The justices denied emergency requests […]
On October 21, 2024, the U.S. Supreme Court (SCOTUS) agreed to hear several EPA-related cases to determine which federal courts are the proper venues for specific EPA actions. The specific cases are: Although the Oklahoma and Pacificorp cases appear to be unrelated, they’ve been consolidated to determine “which courts can hear objections to a rejection […]
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 […]
Just as Present Joseph Biden Jr. was preparing for the global climate summit (COP26), the U.S. Supreme Court (SCOTUS) announced it will hear four cases, likely to be consolidated, to determine the EPA’s authority to regulate emissions from power plants under the Clean Air Act (CAA). The October 29, 2021, announcement was the equivalent of […]