Several federal agencies have released modified National Environmental Policy Act (NEPA) implementing regulations.
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EPA Launches Historic Deregulatory Initiative: Key Legal Risks and Strategic Takeaways
On March 12, 2025, EPA Administrator Lee Zeldin announced the agency’s intention to reconsider 31 environmental regulations, describing the effort as the “single most impactful day of deregulation in EPA history.” While the scope of this initiative spans air, water, and climate regulations, the most consequential actions—legally and practically—center on a handful of cross-cutting programs and sector-specific rules.
Montana Supreme Court Holds that State Constitution Protects Youth Plaintiffs’ Right to Protection from Climate Change
Montana is among the states with a constitutional provision recognizing a right to environmental quality, in its case to a “clean and healthful environment.” Mont. Const. art. II, § 3.
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Texas Business Court Opinions Now Available
Opinions of the new Texas Business Court, a statewide, specialized trial court created to resolve certain complex business disputes, are now available online.
Continue reading the full GT Alert.
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Shell Wins Appeal in Dutch Climate Ruling
On 12 November 2024, the Court of Appeal in The Hague handed down its ruling in the appeal proceedings between Shell plc and Milieudefensie, a non-governmental organization. Shell appealed a
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Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)
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Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?
Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC cannot assess civil penalties for securities
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Commonwealth Court Offers Another Take on Valuing Contaminated Property
Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s
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The Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
On Aug. 14, a trial judge in Montana issued findings of fact and conclusions of law after a bench trial in what has been called the Montana “Youth Climate Case.”
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The Severability of Wind Rights from a Surface Estate
A Texas state district court in Hale County, Texas recently issued a verdict under Texas state law and determined that wind rights are a severable property interest in the surface
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