On June 20, 2025, the Supreme Court issued it opinion in Diamond Alternative Energy v. EPA, holding fuel producers had standing—and had specifically demonstrated redressability—to challenge California-specific regulations EPA approved under the Clean Air Act.  The Court’s opinion  reversing and remanding to the D.C. Circuit left the merits of the case for another day, but acknowledged that the regulations at issue may be rescinded shortly, mooting most, if not all, of the parties’ controversy. Read More »

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On May 29, 2025, the Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, reversing the D.C. Circuit’s determination that the Environmental Impact Statement (“EIS”) issued by the U.S. Surface Transportation Board (the “Board”) in connection with an approximately 88-mile railroad line in northeastern Utah violated the National Environmental Policy Act (“NEPA”).  Justice Kavanaugh, writing for the Court, concluded the NEPA question presented “is not close” and the Board was “absolutely correct” in declining to evaluate “environmental effects from separate projects upstream or downstream from the project at issue” in the EIS.    Read More »

Share | Email| Comments|  Topics: Administrative Appeals, Administrative Hearing, Administrative Procedures Act, D.C. Circuit, Decisions of Note, Federal Circuit, Loper Bright, NEPA, Oil and Gas, Pipelines, Railroad, Supreme Court, United States Supreme Court