
Seth Jaffe
Blogger at Law and the Environment Blog
Contributor at Freelance
Partner at @FoleyHoag with emphasis on environmental compliance and litigation. Co-author of the firm’s Law and the Environment blog
Articles
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1 week ago |
openlegalblogarchive.org | Seth Jaffe
Posted on May 27, 2025 by Seth D. JaffeOn May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription required) states that the decision is:Notable in that it offers EPA less deference on technical matters, following a key Supreme Court ruling limitation statutory interpretation deference.
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1 week ago |
jdsupra.com | Seth Jaffe
On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription required) states that the decision is:Notable in that it offers EPA less deference on technical matters, following a key Supreme Court ruling limitation statutory interpretation deference.
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2 weeks ago |
mondaq.com | Seth Jaffe |Basil Seggos |Daniel Carlston |Elza Bouhassira
As we have noted previously, a number of states haveenacted legislation and/or brought claims against fossil fuelproducers seeking payment for damages resulting from climatechange. Legislative efforts include New York State's Climate Change SuperfundAct and Vermont's Climate Superfund Act. Theseefforts have prompted other states and some industry groups to challenge these efforts asunconstitutional.
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3 weeks ago |
jdsupra.com | Elza Bouhassira |Daniel Carlston |Seth Jaffe
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York State’s Climate Change Superfund Act and Vermont’s Climate Superfund Act. These efforts have prompted other states and some industry groups to challenge these efforts as unconstitutional.
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1 month ago |
openlegalblogarchive.org | Seth Jaffe
Posted on May 2, 2025 by Seth D. JaffeEarlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the Endangered Species Act to exclude adverse impacts on habitat. As Adam and Kevin noted, FWS and NMFS rely in part on the recent Supreme Court decision in Loper Bright Enterprises v.
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A coalition of 15 State AGs sued to block President Trump’s executive order declaring a “national energy emergency,” arguing it unlawfully fast-tracks fossil fuel projects at the expense of renewables and bypasses key environmental… https://t.co/I26c5fbDqC

President Trump’s deep sea mining executive order is a controversial bid to jump-start the deep-sea mining industry. But by bypassing international law and the UN’s International Seabed Authority, it raises legal, environmental and… https://t.co/okx86lnQXh

A coalition of 15 State AGs sued to block President Trump’s executive order declaring a “national energy emergency,” arguing it unlawfully fast-tracks fossil fuel projects at the expense of renewables and bypasses key environmental… https://t.co/F2HQMFDuRy