The United States Supreme Court issued a trilogy of significant administrative law cases in the last week of its 2023-24 term. The most important of these decisions for brownfield and superfund practitioners was Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882 (June 28, 2024) where the Court abandoned its 40-year old “Chevron” doctrine that […]
SCOTUS Ends Chevron Deference-The Wicked Witch is Dead Read More »
The dog days of August have been particularly cruel to EPA and law professors who are teaching administrative law this semester. In August alone, there separate federal appeals court vacated high profile Clean Air Act initiatives of EPA. The decisions were stunning for their lack of deference to EPA’s interpretations of its Clean Air Act
Tough Summer for EPA and Administrative Law Professors Read More »
The New York State Court of Appeals (New York’s highest court) rejected a challenge that the New York State Department of Environmental Conservation (NYSDEC) exceeded its authority when it promulgated regulations requiring state superfund sites to be remediated to “pre-disposal” conditions when feasible. In the Matter of New York State Superfund Coalition v New York
NY High Court Upholds State Superfund Regs Read More »