Administrative Law
The Supreme Court Significantly Alters the Landscape for Reviewing and Challenging Federal Agency Action
Within a three-day period at the tail end of its term, the Supreme Court issued two decisions that significantly affect the federal administrative law landscape, and will necessarily influence environmental regulations and enforcement in years to come. Loper Bright Enterprises, et al. v. Raimondo, et al. On June 28, 2024, in a decision authored by…
Recent Developments in PFAS Regulation
The regulation of per- and poly-fluoroalkyl substances (PFAS) continues to rapidly evolve at the New York State and federal levels. As further detailed in SPR’s prior blog post on this issue, PFAS are a family of chemical compounds with unique properties allowing them to withstand extreme temperatures, resist degradation, stains, and grease, and adopt nonstick…
Waters in Flux: EPA and Army Corps Revise the Definition of “Waters of the United States”
On January 18, 2023, the EPA and Army Corps of Engineers (Army Corps) published a new final rule revising the definition of “waters of the United States” (the Rule) found in regulations implementing the Clean Water Act (CWA or the Act). The new Rule will become effective on March 20, 2023 (pending the outcomes of…
U.S. Fish and Wildlife Service Proposes Incidental Eagle Take General Permits for Wind-Energy Projects
The United States Fish and Wildlife Service (USFWS) recently proposed to develop a general permit under the Bald and Golden Eagle Protection Act (the Eagle Act) for the incidental take of eagles associated with qualifying wind-energy projects and power lines, as well as disturbance take and nest take. This blog post provides a discussion of…
Developments in Regulation of PFAS
Per- and poly-fluoroalkyl substances (PFAS) continue to emerge, so to speak, as a focus of regulatory attention on many levels: health, environmental remediation, and manufacturing. Below, we discuss some of the more recent developments affecting this ubiquitous class of chemicals. Nicknamed “forever chemicals,” PFAS are a family of chemical compounds with a wide range…
SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases
On June 30, 2022, the U.S. Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v. EPA. The majority for the Court held that EPA’s “generation shifting” objectives found in the Obama Administration’s Clean Power Plan fell outside the meaning of the “best…