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Analyzing West Virginia v. Environmental Protection Agency

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly.

Conservation Law Foundation, Inc. v. Shell Oil Co.

A district court granted in part and denied in part an oil company's motion to dismiss a CWA and RCRA citizen suit brought by an environmental group. The group alleged 14 counts against the company, arguing it violated the CWA and RCRA by failing to prepare its bulk storage and fuel terminal in New ...

Center for Biological Diversity v. U.S. Bureau of Land Management

A district court vacated two rights-of-way that BLM issued to a company in 2020 to transport water through an existing gas pipeline across federal lands. Environmental groups sought vacatur, arguing the rights-of-way violated FLPMA, NEPA, and the National Historic Preservation Act (NHPA). BLM agreed...

Western Energy Alliance v. Biden

A district court affirmed DOI’s decision to postpone oil and gas lease sales in the first quarter of 2021 in response to the president’s issuance of Executive Order No. 14008 pausing new lease sales on federal lands. The state of Wyoming and industry groups challenged DOI’s decisions to postpo...