Supreme Court Decisions – Environmental and Energy Law Program

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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

Sackett v. EPA: Departure from Textualism Significantly Limiting Clean Water Protection

On May 25, 2023, the Supreme Court issued its long-awaited opinion in Sackett v. EPA, a case challenging the Clean Water Act’s (CWA) applicability to certain wetlands. In its decision, […]

June 16, 2023

CleanLaw Podcast

Podcast: The Making of Environmental Law with Richard Lazarus and Carrie Jenks

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

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 Goffman speaks with Professor Richard Lazarus about his new book, “The Rule of Five,” which describes the drama, strategy, cast of characters, and, above all, the lawyering, by both […]

March 12, 2020