“Companies with a national footprint could therefore face overlapping claims in multiple and often inconsistent state frameworks, which will invariably lead to forum-shopping and different outcomes in cases across jurisdiction,” said GableGotwals shareholder Timothy Sowecke, who handles energy and environmental matters.
In a significant decision for the oil and gas industry, the D.C. Circuit recently restored the Clean Air Act (“CAA”) Title V “emergency affirmative defense.” This ruling struck down EPA’s 2023 rescission of the long-standing defense.
On July 17, President Donald Trump signed four new proclamations that rely on Section 112(i)(4) of the Clean Air Act, granting two-year exemptions from the U.S. Environmental Protection Agency's recently enacted air toxics standards for key U.S. industries.
This article breaks down how a trio of high-impact rulings issued in recent weeks affect stakeholders seeking to challenge environmental regulations and offers practical guidance for navigating judicial review pathways.
On April 9, President Donald Trump issued a memorandum instructing federal agencies to roll back existing regulations the administration deems inconsistent with recent U.S. Supreme Court decisions.
In recent years, growing scientific scrutiny and evolving regulatory perspectives have reshaped the understanding of the risks associated with the land application of biosolids and sludges.
Trump’s second term will bring new leadership to agencies responsible for energy and environmental regulation. Nominations such as Lee Zeldin (EPA), Robert F. Kennedy Jr. (HHS), Doug Burgum (DOI), Chris Wright (DOE), Matt Gaetz (DOJ), and Elon Musk (DOGE) signal a focus on limiting regulatory authority, promoting energy development, and disrupting the status quo.
The United States Supreme Court issued numerous blockbuster decisions this past term, but four decisions will collectively have major impacts on the functions of federal agencies for decades to come. Every business operating in a regulated industry should consider how these cases may impact their future operations.