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In a close 5–4 decision, on April 6, 2022, the U.S. Supreme Court (SCOTUS) reinstated a Trump-era Clean Water Act (CWA) regulation that limited state and tribal authority in the permitting process for projects in their territory. History The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless […]
All eyes concerned with greenhouse gas (GHG) emissions are on the U.S. Supreme Court (SCOTUS) as regulated industry, the EPA, states across the nation, and environmental activists anxiously await the showdown scheduled to occur on February 28, 2022. On that date, SCOTUS will hear arguments in the West Virginia v. EPA case, which consolidates with […]
On January 13, the U.S. Supreme Court issued a stay of the COVID-19 vaccine-or-test emergency temporary standard (ETS) issued on November 5, 2021, by the Occupational Safety and Health Administration (OSHA). The rule would require employers with 100 or more employees to implement a program of COVID-19 vaccination or regular testing and face coverings to […]
By a narrow margin, on June 29, 2021, the U.S. Supreme Court ruled states cannot use sovereign immunity as a defense to prevent federally approved pipeline projects from being built on state-owned land.
Checks and balances within our country’s law-making processes were constitutionally created and designed to prevent any one of the three branches (the executive, the legislative, or the judiciary) from wielding too much power.
On March 4, 2021, in a 7–2 decision, the U.S. Supreme Court (SCOTUS) ruled against the Sierra Club, declaring documents related to the EPA’s Cooling Water Intake Structures Rule are exempt from Freedom of Information Act (FOIA) requests. The ruling prevents access to certain draft agency documents used to formulate regulatory requirements.
Environmental activists mourn the loss of U.S. Supreme Court (SCOTUS) Justice Ruth Bader Ginsburg, who died on September 18, 2020, due to complications of metastatic pancreas cancer at the age of 87.
Politicians are gearing up for another brawl in the capitol over the Republican push to quickly appoint a replacement for late Justice Ruth Bader Ginsburg’s Supreme Court seat. What will it mean for the climate change cases and other legal matters involving the environment expected to be considered by the high court this fall and […]