Earlier this week, the Supreme Court accepted cert. in Lopez Bright Enterprises v. Raimondo, which presents a straightforward challenge to the continuing viability of Chevron. The question presented was: 
Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute
Latest from Foley Hoag LLP - Page 6
Regulating the Impossible Dream: NRC decision streamlines efforts to commercialize fusion
On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that fusion energy be regulated under the Nuclear Regulatory Commission’s byproduct material framework contained in 10 C.F.R. Part 30, “Rules of
Introducing Our Blog Series on Clean Hydrogen
We’re launching this blog series to help readers keep pace with the fast-moving world of clean hydrogen. Each week or so we’ll post an article on different legal, regulatory, and technical opportunities and challenges facing companies who are developing or exploring clean hydrogen projects.
We need a comprehensive approach to tackling climate change, one that
Berkeley’s Ban on Natural Gas in New Construction is Preempted: What Will Happen to Other Local Bans?
On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant language in the EPCA provides as follows: 
no State regulation concerning the energy efficiency, energy use, or water use of
BLM Approves the TransWest Express Transmission Project; This Is Good News and We Need More of It
Yesterday, the Bureau of Land Management announced that it has given final approval to the TransWest Express transmission line, a 732-mile project that will move electricity from a large wind farm in Wyoming to an interconnection point near Las Vegas. Most of the electrons will ultimately provide power to California. 
According to EnergyWire (subscription required),
OMB Proposes to Revise Circular A-4; This is Not Trivial
On Thursday, the Office of Management and Budget released proposed revisions to “Circular A-4”. It also released a separate preamble, explaining its thinking and asking for comment on certain identified issues. 
Circular A-4 is almost certainly the most important document that most people have never heard of, since it governs how federal agencies
Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon
Today, the 5th Circuit Court of Appeals dismissed for lack of standing claims by a number of states challenging the Biden Administration’s Interim Estimates of the Social Cost of Carbon. 
The Court had telegraphed this outcome last spring when it vacated a District Court injunction against use of the Interim Estimates, noting that:
The Government
Deja Vu One More Time? What Will Happen If EPA Ignores CASAC Regarding the Ozone NAAQS?
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently, the panel is looking at recommending that the primary standard be reduced from 70 ppb to a range of 55-60 ppb. CASAC
Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion
The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law Foundation against the Massachusetts Water Resources Authority, which operates Boston’s Deer Island Sewage Treatment Plant, the second largest treatment
Massachusetts Codifies “No Net Loss” Conservation Policy Under Article 97
On February 10, 2023, the Public Land Preservation Act (PLPA), Chapter 274 of the Acts of 2022, (M.G.L. Ch. 3 §5A), went into effect. It both codifies existing practices and creates new obligations that public entities in the Commonwealth must follow to dispose or change the use of interests in land protected