On July 11, the 21st Century ROAD to Housing Act, Pub. L. No. 119-101, 140 Stat. 845, became law without the president’s signature. The ROAD Act is an effort to facilitate an improvement in the affordability of housing.
Continue Reading Environmental Provisions of the 21st Century ROAD to Housing Act
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
On Jan. 21, 2026, the National Oceanic and Atmospheric Administration (NOAA) finalized revisions to its existing regulations governing deep seabed mining in areas beyond the national jurisdiction of the United States.
Continue Reading NOAA Finalizes Changes to Deep Seabed Mining Regulations
Since its inauguration in January 2025, this federal administration has been engaged in a broad effort to change course on many fronts, including environmental and energy policy. Two district court decisions and a decision by the Secretary of the Interior involving development of offshore wind energy provide an opportunity to consider whether any law constrains agency discretion to implement a new administration’s policies, even when that would involve a reversal of prior decision making.
Continue Reading As the Wind Turbine Turns: When Can a Federal Agency Change Its Mind?
In 2023, New York State amended its laws to require updates to New York State Uniform Fire Prevention and Building Code (Uniform Code) and the State Energy Conservation Construction Code
On June 30, 2025, California Gov. Newsom approved a bill (SB 131) aimed at increasing housing supply and strategic economic development. The bill has sparked controversy among some groups. Critics
Continue Reading Do The Recent California Amendments to Its Environmental Review Statute Offer a Blueprint for Similar Changes in New York?
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.
The Nov. 5 election was not a good day for supporters of the current structure of environmental regulation. While I doubt that the burdens of environmental regulation figured prominently in
Continue Reading What Should the Environmental Regulatory Phoenix Look Like?
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)
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
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
Continue Reading Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?