January 01, 2025
The New Year could see federal appellate courts deciding cases with ramifications for the government’s approach to climate change regulations, including U.S. Supreme Court cases on the scope of environmental reviews and municipalities’ rights in suing fossil fuel companies. Here are the biggest climate change cases that environmental and energy lawyers must watch in 2025.
December 06, 2024
At least one member of the D.C. Circuit did not seem to be picking up what the U.S. Environmental Protection Agency was putting down in defense of a rule that would give coal-fired power plants until 2032 to meet certain emissions standards that critics claim are impossible.
December 03, 2024
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
October 28, 2024
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
October 23, 2024
A half-dozen prominent scientists and engineers have told the D.C. Circuit that the U.S. Environmental Protection Agency's plan to tap carbon capture and sequestration technology to reduce power plants' greenhouse gas pollution is on point and readily achievable.
October 18, 2024
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
October 15, 2024
The U.S. Environmental Protection Agency is urging the D.C. Circuit to approve its plan to control greenhouse gas emissions from power plants, saying its prescribed methods for controlling releases are legally sound, effective, reliable and reasonably affordable for the facilities that must implement them.
September 09, 2024
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
August 26, 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
July 19, 2024
The D.C. Circuit refused Friday to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying challengers haven't shown they're likely to succeed in overturning the regulations.