In a highly anticipated decision, the U.S. Supreme Court (Court) rejected U.S. EPA’s (EPA) Clean Power Plan in West Virginia v. EPA on June 30, 2022. Relying upon the “major questions doctrine,” the Court found that Congress had not intended to authorize EPA to regulate emissions using “generation shifting” (i.e., requirements that power production be
Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions
By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s
NGO Files First-of-Its-Kind Climate Change Lawsuit against Investment Bank in Brazil
On June 21, 2022, an NGO filed a first-of-its-kind climate change lawsuit against an investment bank in Brazil. Among other claims, the NGO asserts that the bank allegedly maintains equity positions in sectors considered to be the most carbon-intensive, and, based on such allegation, the plaintiff asks the court to compel the bank to prepare
The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases
Original Kelley Drye Client Advisory posted on June 30, 2022.
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to regulate greenhouse gases. The Court’s decision limits EPA’s authority pursuant
Supreme Court Rules Against EPA Reining in Power of Agencies
In a decision that will rein in agency power across the federal government, the U.S. Supreme Court ruled today that Congress did not clearly authorize the EPA to adopt broad rules to reduce greenhouse gas emissions from electric utility power plants.
A Quick Guide to EV Charging Infrastructure Funding and Incentives in California
The 2021 Infrastructure Investment and Jobs Act (IIJA) provided $1.2 trillion in federal funding for infrastructure, including approximately $384 million to support California EV infrastructure through the National Electric Vehicle Infrastructure (“NEVI”) formula program. This sum supplements significant State investments, bringing California funding dedicated to expanding EV Infrastructure to nearly $3 billion through 2026.
Agricultural Law Weekly Review—Week Ending June 17, 2022
Animal Welfare: U.S. Solicitor General Argues Proposition 12 is Unconstitutional
On June 17, 2022, the U.S. Solicitor General filed an Amicus Curiae Brief in the case of National Pork Producers Council, et al. v. Ross, et al., No 21-468, currently pending before the U.S. Supreme Court setting forth the position of the United
Madhuri Pavamani to Participate in Westchester County Association’s Sustainable Business Conference
Paul, Weiss Sustainability & ESG Advisory Practice Director Madhuri Pavamani will participate in a panel discussion, “The Journey: Moving to the Sustainable Enterprise,” as part of the 2022 Westchester County Association’s Sustainable Business Conference, “Profit and Purpose.”
The panel will discuss the necessity of corporate sustainability for long-term profit and stability, and how organizations are
What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”
By A. Scott Hecker, Adam R. Young, Mark A. Lies, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word
Bureau of Land Management Issues Guidance on Authorizing Carbon Sequestration on Public Land
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts.
By Janice Schneider, Nikki Buffa, Josh Bledsoe, Nathaniel Glynn, and Kevin Homrighausen
On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land Management (BLM) issued new guidance[1] that outlines the use of federal public lands for geologic sequestration of carbon dioxide (CO2). This widely anticipated guidance updates previous interim guidance on exploration and site characterization for CO2 sequestration that BLM issued in 2012.