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Case on Fishing Boat Monitors Could Upend Forty Years of Chevron Deference

On May 1, 2023, the U.S. Supreme Court granted certiorari to Loper Bright Enterprises v. Raimondo [1] – a D.C. Circuit decision that upheld agency deference under Chevron v. Natural Resources Defense...

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EPA, Corps Release New WOTUS Rule After Sackett, but More Regulatory...

The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water...

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EPA, Corps Release New WOTUS Rule After Sackett, but More Regulatory...

The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water...

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New Federal Rule Expands Exemption for Solar Farms from Certain Environmental...

Today, April 30, 2024, the U.S. Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementing procedures to revise categorical exclusions for upgrading and rebuilding...

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New Federal Rule Expands Exemption for Solar Farms from Certain Environmental...

Today, April 30, 2024, the U.S. Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementing procedures to revise categorical exclusions for upgrading and rebuilding...

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RIP Chevron Deference: 1984-2024

On June 28, 2024, the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo[1] definitively overturned Chevron deference[2], and held that, when reviewing agency action under the...

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Energy & Environmental Highlights of the 2024 Louisiana Legislative Session

The 2024 Regular Session of the Louisiana Legislature ended on June 3, 2024. The first regular session of the new term saw legislation on several hot-button issues, including criminal justice reform,...

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Federal Court Doesn’t Buy EPA’s Argument that eBay is a Seller; Marketplace...

Late last month, the U.S. Eastern District of New York dismissed a suit by the U.S. Environmental Protection Agency (“EPA”) against eBay claiming that it sold products that are prohibited under...

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Federal Court Doesn’t Buy EPA’s Argument that eBay is a Seller; Marketplace...

Late last month, the U.S. Eastern District of New York dismissed a suit by the U.S. Environmental Protection Agency (“EPA”) against eBay claiming that it sold products that are prohibited under...

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