On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act (“ESA”). The proposed rule designates proposed critical habitat for the monarch in California and includes an ESA section 4(d)... The post U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule appeared first on Stoel Rives Environmental Law ..read more

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial review of agency... The post The Chevron Doctrine’s Gone, but the APA Lives On appeared first on Stoel Rives Environmental Law ..read more

As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and in combination, constrain the power of federal agencies... The post Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority appeared first on Stoel Rives Environmental Law ..read more

Stoel Rives Summer Associate Maya Ward co-authored this post. The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order, Oklahoma v. EPA, No. 24-1125 (D.C. Cir. July 30, 2024). The underlying revisions... The post EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect appeared first on Stoel Rives Environmental Law ..read more

Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to combat securities fraud and increase market transparency. The Securities... The post SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In appeared first on Stoel Rives Environmental Law ..read more

Stoel Rives Summer Associate Jessica Wright co-authored this post. The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the State will implement, maintain, and enforce those standards. Under the CAA’s “Good... The post Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP appeared first on Stoel Rives Environmental Law ..read more

Executive Summary The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”[1] Chevron cannot be reconciled with the Administrative Procedure Act (“APA”) by presuming that statutory ambiguities are implicit ..read more

Introduction On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden Administration’s revisions to the regulations that implement the National Environmental Policy Act (“NEPA”). NEPA imposes a procedural requirement that does not mandate outcomes, only informed decision making. Despite its procedural nature, NEPA is one of the primary mechanisms for project opponents to challenge projects and is the most litigated feder ..read more

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first time, will subject a broad range of industries to potential liability for releases of PFOA and PFOS and impose the entire suite of CERCLA compliance obligations onto e ..read more

On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future registration statements and annual reports (Final Rule). The stay responds to litigation filed in the Fifth and Eighth Circuit Courts of Appeals seeking judicial review of the Final Rule. The stay, according to the Order, will facilitate orderly judicial resolution of the large number of petitions filed for review of the Final Rule. The stay also avoids potential regulatory uncert ..read more