The Department of Justice has asked a federal court to dismiss a Clean Air Act citizen suit against xAI, raising an unsettled question: may private plaintiffs proceed where EPA allegedly declined to require preconstruction permitting review?
Continue Reading DOJ Motion Raises Questions About Clean Air Act Citizen Suits
Enhanced geothermal systems are moving toward commercial deployment as developers navigate existing legal and regulatory frameworks.
The U.S. Environmental Protection Agency’s repeal of the 2024 MATS amendments may signal a broader shift in environmental rulemaking and the treatment of ancillary benefits.
Continue Reading The EPA’s MATS Repeal May Signal a Broader Shift on Ancillary Benefits
Data center developers often struggle with lengthy and costly regulatory hurdles at both state and federal levels. In a move to simplify this process, the Trump administration has issued an executive order and introduced the “America’s AI Action Plan,” both designed to accelerate federal permitting and reshape environmental review frameworks for new data centers and supporting infrastructure.
On June 11, 2025, EPA issued a proposed rule that repeals carbon pollution standards for new and reconstructed gas turbines and existing and modified coal and oil/gas-fired units.
In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).
The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) have proposed to rescind the regulatory definition of “harm” under the ESA to generally remove consideration of habitat when analyzing impacts to covered species. This move has potential to dramatically impact species conservation efforts and developer and landowner obligations under the Endangered Species Act.
Continue Reading Services Propose to Remove Habitat Modification from ESA’s Definition of ‘Harm’
After nearly two decades of litigation, the U.S. Environmental Protection Agency (EPA) recently finalized a suite of four regulations targeting the power sector. The rules aim to address greenhouse gas
Continue Reading EPA Announces Broad Suite of Pollution Regulations for Power Plants
In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and
Continue Reading EPA Finalizes New RMP Rule and Rejects Provision on Transloading
On Aug. 17, 2023, the U.S. Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment
Continue Reading EPA Announces Its Final National Enforcement and Compliance Initiatives