The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
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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).
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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
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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
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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
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Supreme Court Won’t Consider What Level of Deference States Should Be Given Under CERCLA
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
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The U.S. Supreme Court Releases Decision in Utility Air Regulatory Group v. EPA — EPA’s Greenhouse Gas Permitting Authority is Limited
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
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GT Air Update – Part I
Several recent developments in air regulations are likely to impact regional, national and international air pollution policy. In part I of our Air Update we address several
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Lozman v. Riviera Beach: When is a floating structure a “vessel”?
This week, the Supreme Court decided Lozman v. City of Riviera Beach, No. 11-626 (U.S. Jan. 15, 2013), holding that a floating house is not a “vessel” subject to
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AEP v. Connecticut: No Public Nuisance Claim For GHG Emissions
In AEP v. Connecticut, the Supreme Court finds that the Clean Air Act displaces any right to bring a public nuisance claim against power plants for their alleged contribution to climate change.
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