Environmental Law Advisor

267 total results. Page 11 of 11.

Ashley L. Thompson

Last Thursday, the South Carolina District Court reinstated the Obama-era definition of “waters of the United States” (WOTUS) in roughly half the country, furthering the ambiguity in the never-ending saga over how to define WOTUS under the Clean Water Act.

Jane E. Montgomery

The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP).

J. Michael Showalter

Administrative deference is a fundamental tenet of environmental law. A recent decision in Los Angeles Waterkeeper v. Pruitt, however, provides an important reminder that agency deference is bound by the four corners of the underlying statute.

Sarah A. W. Fitts

The Trump Administration rolled out its anticipated rules on fuel efficiency and emissions standards for model years 2021-2026 last week.

Daniel J. Deeb

Last week, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit unanimously rejected challenges by environmental and industry groups to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) cooling water intake structure permit rule (Rule)

Robert A.H. Middleton

The Clean Water Act (CWA) term “waters of the United States” (WOTUS) has become an evolving term with an often squishy definition leading to considerable litigation.

J. Michael Showalter

As citizen scientists and environmental non-governmental organizations (NGOs) have stepped up to fill what they have called an enforcement gap since President Trump took office, the NGO playbook has become more complex and creative than perhaps ever before.

J. Michael Showalter

Since the early days of the Trump Administration, our blog has regularly covered the Administration’s various attempts at regulatory reform.

Bina Joshi

Administrative deference – in essence, that courts resolve close questions in favor of “expert” agencies – is a cornerstone of environmental practice and we’ve blogged frequently on this issue. Courts question agencies, however, when their decisions do not square with cited evidence.

Amy Antoniolli, Jane E. Montgomery

Streamlining environmental reviews and permitting for infrastructure projects is a major objective of President Trump.

Amy Antoniolli

The Trump Administration continues to prioritize guidance-driven revisions to federal regulatory programs to reduce the impact of administrative review and permitting on development.

J. Michael Showalter

This week, the Fourth Circuit issued a decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P. that addresses three key issues arising in many federal Clean Water Act (CWA) cases:

Owen E. MacBride, Amy Antoniolli

On April 3, 2018, the Illinois Commerce Commission (ICC) approved, with a number of substantial modifications, the Illinois Power Agency’s (IPA) first “long term renewable resources procurement plan” under the Illinois Future Energy Jobs Act (Illinois Public Act 99-0906.

J. Michael Showalter

“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.

J. Michael Showalter

In February, presidential advisor Steve Bannon stated that a primary goal of the Trump administration was the “deconstruction of the administrative state.”

J. Michael Showalter

Earlier this week, the U.S. House of Representatives passed a bill, the Regulatory Accountability Act of 2017, that, if enacted, would eliminate judicial deference to agency regulations.

Jane E. Montgomery

The Clean Power Plan, the Obama Administration’s attempt to reduce carbon dioxide emissions from existing power plants, had its day in court on September 27. What a day it was!