The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
Uncertainty, No Guidance for Attorney-Client Privilege in Environmental Audits
A few weeks ago, the U.S. Supreme Court heard argument in a tax case about attorney-client privilege. See In re Grand Jury, No. 21-1397 (U.S. arg. Jan. 9, 2023).
Continue Reading Uncertainty, No Guidance for Attorney-Client Privilege in Environmental Audits
West Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.
On June 30, 2022, the U.S. Supreme Court issued its long-awaited decision in West Virginia, et al. v. Environmental Protection Agency.
Continue Reading West Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.
Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing
Continue Reading Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
On April 6, the Supreme Court used the “Shadow Docket” to reinstate a Trump administration regulation governing state water quality certifications under section 401 of the Clean Water Act. Louisiana
Continue Reading Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US
On Monday, the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), attempting to clarify which settlements with the United States or
Continue Reading Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US