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?
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
Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly
Continue Reading Wetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
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
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
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
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
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
As noted previously, the Ninth Circuit found, in Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014), that state government agencies are not afforded the
Continue Reading Supreme Court Won’t Consider What Level of Deference States Should Be Given Under CERCLA
In a split decision, the U. S. Supreme Court ruled on Monday June 23rd that the U.S. Environmental Protection Agency (“EPA”) does not have authority under the federal
Continue Reading The U.S. Supreme Court Releases Decision in Utility Air Regulatory Group v. EPA — EPA’s Greenhouse Gas Permitting Authority is Limited