January 19, 2022
The U.S. Supreme Court should abandon its review of a D.C. Circuit decision indicating the U.S. Environmental Protection Agency has broad authority to regulate greenhouse gas emissions from power plants because there's no actual rule on the books to review, the EPA said.
January 03, 2022
The U.S. Supreme Court may have already heard its most controversial cases of the October 2021 term, but the next four months of oral arguments will feature fireworks of their own, including a tour de force on First Amendment law, immigrant rights, climate change policies and much more.
January 03, 2022
The energy litigation landscape of 2022 will be dominated by one of the biggest cases in years, as the U.S. Supreme Court mulls the scope of the federal government's climate change authority. But courts are also considering the future of climate tort litigation and a federal-state clash over electricity policy. Here are four areas of litigation energy attorneys will be closely watching this year.
January 03, 2022
Courts across the country will wrestle with important environmental litigation in 2022, from a Clean Air Act case at the U.S. Supreme Court that has the potential to break new ground on how greenhouse gases may be regulated to a variety of Clean Water Act lawsuits.
December 21, 2021
Nearly 100 congressional Republicans have asked the country's highest court to rule that the Environmental Protection Agency does not have the authority to carry out a transformation of the U.S. power sector from coal to renewable energy.
December 13, 2021
The U.S. Environmental Protection Agency can't use a lone Clean Air Act provision to orchestrate a sweeping transformation of the U.S. power sector because Congress never gave the agency that authority, the U.S. Supreme Court was told in briefs filed Monday.
October 29, 2021
The U.S. Supreme Court on Friday said it will review the D.C. Circuit's decision to strike down the Trump administration's rollback of Obama-era greenhouse gas emission standards for existing power plants and the rule intended to replace them.
August 24, 2021
Two coal companies and 20 red states have told the U.S. Supreme Court that it should overturn a decision vacating the Trump administration's rollback of Obama-era greenhouse gas emissions standards.
August 06, 2021
The U.S. Environmental Protection Agency told the U.S. Supreme Court not to review a decision vacating the Trump administration's rollback of Obama-era greenhouse gas emissions standards because the agency has no intention to resurrect the rules, making the petitions "little more than a request for an impermissible advisory opinion."
June 01, 2021
The National Mining Association is backing a bid for the U.S. Supreme Court to consider the extent of the U.S. Environmental Protection Agency's authority to regulate greenhouse gases at existing power plants, arguing the D.C. Circuit improperly gave the agency power that could harm coal.