EELP News Supreme Court Decision Affecting Agency Rulemakings On June 28, The U.S. Supreme Court overturned a 1984 decision known as Chevron doctrine. Jody Freeman and Andy Mergen have been answering questions about Chevron and the impact of the Supreme Court’s decision. July 1, 2024
EELP News Jody Freeman and Andrew Mergen, Reply to David French, Undoing ‘Chevron’ Would Duly Shift Power Back to Congress Overturning Chevron would mean that the judiciary, and especially the Supreme Court — not Congress — will more often have the last word on many important questions of policy (or mixed law and policy) that arise under federal law. January 31, 2024
Legal Analysis Sackett v. EPA: Departure from Textualism Significantly Limiting Clean Water Protection A review of the CWA’s litigation and regulatory history and the Sackett decision. June 16, 2023
CleanLaw Podcast Podcast: The Making of Environmental Law Carrie and Richard discuss how environmental law has developed over the last two decades and explores new challenges for the field. April 10, 2023
CleanLaw Podcast CleanLaw—Jody Freeman, Richard Lazarus, and Carrie Jenks Break Down the West Virginia v. EPA Decision How the major questions doctrine could affect EPA regulations addressing greenhouse gases and other key regulatory priorities for the Biden administration July 26, 2022
Legal Analysis Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations West Virginia v. EPA’s surprising journey to the Supreme Court. A look at the key elements of the Court’s decision and the path ahead for EPA. July 1, 2022
Quick Takes Sackett v. EPA and the Definition of Waters of the United States The Clean Water Act[1] (CWA) governs the discharge of pollutants into waters of the United States. Supreme Court rulings and agency rulemakings that define the reach of this act have […] June 24, 2022
CleanLaw Podcast CleanLaw–Jody Freeman and Richard Lazarus on West Virginia v. EPA, What’s Next? The Court’s decision in this case will address the scope of EPA’s authority to regulate greenhouse gas emissions from the power sector, potentially impacting future EPA rules. March 31, 2022
CleanLaw Podcast CleanLaw: Joe Goffman Talks to Richard Lazarus about his New Book “The Rule of Five” Joe speaks with Richard about his new book, “The Rule of Five,” which describes the strategy, people, and, above all, the lawyering, by both the litigators and the Justices, that led to the seminal Supreme Court decision in Massachusetts v. EPA. March 12, 2020
