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White v. United States Environmental Protection Agency
A district court denied a commercial fisherman's motion to preliminarily enjoin the Army Corps of Engineers and EPA from enforcing a 2023 rule that revised the definition of "waters of the United States." The fisherman argued the agencies did not faithfully implement the Sackett v. Environmental Pro...
Texas v. New Mexico
The U.S. Supreme Court, 5-4, denied two states' motion to enter into a consent decree in a lawsuit concerning a 1938 interstate agreement that apportions the waters of the Rio Grande River among Colorado, New Mexico, and Texas. Texas initially sued Colorado and New Mexico, arguing excessive groundwa...
Ohio v. Environmental Protection Agency
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 (FIP) for 23 states whose SIPs the Agency determined had failed to adequately address new air quality standards for ozone levels u...
EPA’s New Particulate Matter Standard
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing a stricter limit for the fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The annual exposure standard for PM2.5, currently set at 12 micrograms per cubic meter of air, will now be 9 micrograms per cubic meter, marking the first time in over eight years that EPA has strengthened any NAAQS. The rule is predicted to have many health benefits, such as preventing 4,500 premature deaths by 2032, which may particularly affect overburdened communities.