D.C. Circuit validates regulation of global warming *

USA - July 17 2012
While the global warming debate may continue to rage in Congress and political circles, the D.C. Circuit probably has laid it to rest at present for purposes of the executive and judicial branches.

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Ninth Circuit decision in Air v. EPA threatens to disrupt federal highway funding and transportation improvement projects *

USA - March 7 2012
On February 2, 2012, the Ninth Circuit published a decision that could disrupt federal highway funding and transportation improvement projects across the country.

Co-authors: Jennifer Hernandez , Jeffrey F. "Jeff" Boothe, Kristina S. Kelchner.

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Federal district court invalidates California low carbon fuel standard *

USA - January 11 2012
In a decision likely to reverberate well beyond California, a federal district court has struck down the California low carbon fuel standard (LCFS) as prohibited by the federal Commerce Clause.

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EPA final rule for air quality permits in Indian Country *

USA - July 21 2011
On July 1, 2011, the Environmental Protection Agency (EPA) published a new regulation that applies Clean Air Act permitting requirements in Indian Country for the first time.

Co-authors: Philip "Phil" Baker-Shenk.

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Court rejects EPA guidance, requires nonattainment fees for revoked ozone standard *

USA - July 7 2011
“Stop playing Congress,” the D.C. Circuit told the U.S. Environmental Protection Agency (EPA) in an opinion issued July 1, 2011, and “assess nonattainment fees as the Clean Air Act [(CAA)] requires.” See NRDC v. EPA, D.C. Cir. No. 10-1056 (decided July 1, 2011).

Co-authors: Lawrence R. Liebesman.

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