Legal Analysis – Environmental and Energy Law Program

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Environmental Justice

Key Changes in CEQ’s Phase 2 Regulations Implementing NEPA

A review of three key changes to the rule: factors that shape agencies’ level and scope of analysis, implementation of recent amendments to NEPA, and integrating environmental justice considerations.

August 8, 2024

Administrative Law

Applying Corner Post to Significant Environmental Statutes that EPA Administers

An overview of the Supreme Court’s Corner Post decision and the judicial review provisions for significant statutes EPA administers.

July 29, 2024

Administrative Law
EELP News

Supreme Court Overturns Chevron Doctrine, Expands Power of Judiciary

An overview of the majority decision and dissent in the SCOTUS decision to overturn the Chevron doctrine.

July 12, 2024

Clean Air
Power Sector

The Supreme Court Pauses the Good Neighbor Plan

The decision continues an alarming trend of the Court issuing decisions under its emergency docket about important public health rules without the benefit of full briefing and engagement with the technical record.

July 2, 2024

Corporate Climate Risk

Comparing Disclosure Requirements for Companies Participating in Voluntary Carbon Markets in the United States

This analysis reviews the new VCM disclosure requirements, explains the SEC’s and California’s requirements, and presents a summary table that compares the two disclosure regimes.

June 24, 2024

Clean Air
Power Sector

Compliance Timing for EPA’s Power Sector Rules for Coal-Fired Power Plants

June 16, 2024

Corporate Climate Risk

Driving Transparency and Aligning Climate-Related Risk Disclosure Requirements

A look at the rise in mandatory climate-related reporting by the SEC, California, and the European Union and how these requirements affect corporate behavior.

June 5, 2024

Disaster Policy

Transfer of Development Rights as Climate Adaptation

A practical analysis for a state agency or local government interested in using Transfer of Development Rights (TDR) programs.

May 23, 2024

Clean Air
Power Sector

EPA’s Final CO2 Standards for the Power Sector: Robust Regulatory Record Sets the Stage for Legal Challenges

A review the legal basis for EPA’s final rule and summary of the final standards. Plus a look at anticipated legal challenges to the final rule.

May 7, 2024