Anthony B. Cavender

2 months ago | jdsupra.com | Anthony B. Cavender |Sidney Fowler |Jeffrey Merrifield

The executive order aims to expedite energy projects, boost domestic production, and strengthen U.S. energy independence through streamlined regulatory reforms. On January 20, 2025, President Trump issued the “Declaring a National Energy Emergency” executive order (Order) under the National Emergency Act (NEA)—the first national emergency specifically focused on energy ever declared in U.S. history.

Jan 13, 2025 | jdsupra.com | Anthony B. Cavender

Takeaways The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be paid into the U.S. Treasury can redress certain kinds of environmental harm. The majority agreed that a harm’s “traceability” must be established in accordance with Article III, but the burden of proof is not fully explained.

Oct 30, 2024 | jdsupra.com | Anthony B. Cavender

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term. The Supreme Court began the current term on October 7, 2024.

Jul 25, 2024 | jdsupra.com | Anthony B. Cavender

TAKEAWAYS In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from certain permitting requirements. SCOTUS granted certiorariin the Loper Bright and Relentless decisions to address whether Chevron should be overruled or clarified.

Apr 25, 2024 | jdsupra.com | Anthony B. Cavender

TAKEAWAYS The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan requirements are effective on May 28, 2024, though the deadline for submitting response plans to EPA will be June 1, 2027, for many facilities.