The U.S. Supreme Court, 6-3, held the APA requires courts to exercise independent judgment in deciding whether an agency has acted within its statutory authority and that courts may not defer to an agency's interpretation of the law simply because a statute is ambiguous, overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), in two lawsuits concerning application of the Chevron framework to a rule promulgated by NMFS pursuant to the Magnuson-Stevens Act.

The U.S. Supreme Court, 5-4, granted three states' and several industry groups' applications to stay enforcement of EPA's 2023 rule issuing a federal implementation plan for 23 states whose SIPs the Agency determined had failed to adequately address new air quality standards for ozone levels under the CAA's "good neighbor" provision.

The July issue of ELR features articles on net metering of rooftop solar; strengthening Superfund cleanups with land use institutional controls; and natural resource damages under CERCLA and OPA. The issue also includes a transcript from a recent webinar that discussed EPA's new particulate matter standard and how it will affect various environmental sectors.

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act.