Posts marked "Supreme Court"


On Monday, June 23, the U.S. Supreme Court issued Utility Air Regulatory Group v. EPA, a mixed decision with three key holdings: (1) that the Environmental Protection Agency (“EPA”) has the authority to regulate the greenhouse gas (“GHG”) emissions of stationary sources already required to obtain Clean Air Act (“CAA”) Prevention of Significant Deterioration (“PSD”) … Read Post


Recent weeks have seen new developments in the field of air quality regulation of particulate matter on the local, state, and federal levels.  The term “particulate matter” encompasses the dust, dirt, soot, and smoke that, when inhaled, has been associated with asthma and other serious health problems. New York City: Mayor de Blasio proposes comprehensive … Read Post


On Monday, the U.S. Supreme Court will hear argument in six consolidated challenges to the Environmental Protection Agency’s (“EPA’s”) decision to regulate emissions of greenhouse gases (“GHGs”) from stationary sources under certain provisions of the Clean Air Act (the “CAA”). The cases come from the D.C. Circuit Court of Appeals, which dismissed the challenges in … Read Post



On March 20, 2013, the Supreme Court upheld the Environmental Protection Agency’s (“EPA”) exclusion of ditches, channels, culverts, and other stormwater conveyances associated with logging roads from permitting requirements under the National Pollutant Discharge Elimination System (“NPDES”) program established by the Clean Water Act (“CWA”).  The eight-justice majority deferred to EPA’s interpretation of two CWA … Read Post


On June 21, 2012, the Supreme Court ruled in Southern Union Co. v. United States that the Sixth Amendment’s guarantee of a jury trial – and the corresponding requirement that a jury must decide, beyond a reasonable doubt, all facts leading to criminal liability – applies to criminal fines under RCRA. Because the ruling applies … Read Post


In a unanimous decision that could herald major changes in federal and state environmental enforcement, yesterday the Supreme Court upheld a property owner’s right to challenge the basis for a Clean Water Act compliance order alleging unlawful filling of wetlands, before the Environmental Protection Agency (“EPA”) had filed suit to enforce it.  Previously, EPA and … Read Post


Dealing a blow to climate change tort litigants, the Supreme Court ruled 8-0 on June 20, 2011 that Congressional authorization of greenhouse gas (“GHG”) limits has displaced federal common law suits seeking GHG reductions.  The Court’s decision in American Electric Power v. Connecticut reversed the Second Circuit Court of Appeals’ ruling that allowed a group … Read Post


On December 6, the Supreme Court granted review of the climate tort suit Connecticut v. American Electric Power (“AEP”), setting the stage for a major decision on the availability of common law remedies for climate-related harms. Justice Sonia Sotomayor, who presided over oral arguments in the case while a judge on the Second Circuit, did … Read Post