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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.

Solenex, LLC v. Haaland

A district court granted summary judgment for an oil and gas company in a decades-long suit concerning the company's oil lease on land sacred to the Blackfeet Nation in Lewis and Clark National Forest. On the latest remand from the appellate court, the company challenged the Secretary of DOI's 2016 ...

Louisiana v. Biden

A district court permanently enjoined the Biden Administration from implementing a "stop" on new oil and gas lease sales on public lands or in offshore waters in thirteen states—Alabama, Alaska, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West...

Louisiana v. Biden

The Fifth Circuit vacated a district court's issuance of a nationwide preliminary injunction enjoining the Biden Administration from pausing new oil and gas lease sales on federal lands. Thirteen states filed suit against the Administration after the president issued Executive Order No. 14008, chall...