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Clean Air Act Regulation After West Virginia and the Inflation Reduction Act

On October 29, 2021, the U.S. Supreme Court granted certiorari in West Virginia v. Environmental Protection Agency, a petition filed by several states and coal companies attacking the U.S. Environmental Protection Agency's (EPA’s) regulatory authority under the Clean Air Act (CAA). The Court’s holding in this case would determine EPA’s continued ability to use the CAA—including the national ambient air quality standard (NAAQS) program—as a climate change tool.

Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements

Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.

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.

Chevron U.S.A., Inc. v. Environmental Protection Agency

The D.C. Circuit dismissed an oil company's petition to review EPA's response concerning the decommissioning status of two oil platforms off the California coast. The company initially asked EPA for guidance on whether, as the process moves forward, the platforms would cease to qualify as regulated ...

Waterkeeper Alliance, Inc. v. Regan

The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...

California River Watch v. Vacaville, City of

The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...

West Virginia v. Environmental Protection Agency

The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...

Recycling Is Rubbish: Reinvent, Realign, and Restructure U.S. Material Management

The United States currently does not have capacity to recycle its waste domestically, nor can it export the amount of waste it once did. Many states are trying to solve this crisis through novel legislation, but states cannot solve this crisis on their own. This Article argues that the federal government should take the lead in developing new law and policy designed to increase national recycling rates.