Alson and Pashos: Judicial deference to administrative agencies in 2024
In the four decades since Chevron was decided, it has been cited in more than 18,000 cases. Today, however, the future of the “Chevron deference” is uncertain.
Environmental Issues
Articles
Sugarman: Change coming to judicial review of agency action in Indiana?
Two cases currently pending before the United States Supreme Court have the potential to change the face of administrative law at the federal and, perhaps, state level by eliminating or significantly curtailing Chevron deference.
Holcomb signs first bill of 2024, rolls back wetlands protections
Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.
Bill further rolling back Indiana wetland protections is first to land on governor’s desk
Republican state lawmakers quietly fast-tracked a contentious bill that will further strip protections on some Indiana wetlands. It’s the first piece of legislation to head to the governor’s desk this session.
A little fish at the Supreme Court could take a big bite out of regulatory power
In a Supreme Court term increasingly dominated by cases related to former President Donald Trump, the justices are about to take up lower profile cases that could rein in a wide range of government regulations affecting the environment, workplace standards, consumer protections and public health.
States and Congress wrestle with cybersecurity at water utilities amid renewed federal warnings
States and the federal government are wrestling with how to harden water utilities against cyberattacks. The danger, officials say, is hackers gaining control of automated equipment to shut down pumps that supply drinking water or contaminate drinking water by reprogramming automated chemical treatments.
Environmental groups want stronger rules for use of coal ash fill after EPA reveals new risks
In a draft risk assessment published last month by the U.S. Environmental Protection Agency as part of a proposed broader revision of its coal ash management rules, the agency now says using coal ash as fill may create elevated cancer risk from radiation.
Supreme Court will hear challenge to EPA rule limiting downwind power plant pollution in 10 states
The Supreme Court will hear arguments in February on whether the Environmental Protection Agency can continue enforcing its anti-air-pollution “good neighbor” rule in 10 states.
Ingredion to pay $8M to settle claims of Clean Air Act violations at Indianapolis plant
An Illinois-based food ingredient manufacturer has agreed to an $8 million settlement with the U.S. Environmental Protection Agency over claims that it violated the Clean Air Act at its corn wet milling facility in Indianapolis.
Following her curiosity: Chief Environmental Law Judge Davidsen preparing for retirement after 20 years
The path to judgeship wasn’t a straight shot for Chief Environmental Law Judge Mary Davidsen, but she let her curiosity lead her along the way.
Alcoa facing legal action over allegations of illegal dumping
A pair of environmental groups is preparing to file a lawsuit against Pittsburgh-based Alcoa Corp. over alleged violations of the Clear Water Act at the company’s Warrick Operations in Newburgh.
EPA delays new ozone pollution standards until after 2024 election
The Environmental Protection Agency is delaying plans to tighten air quality standards for ground-level ozone—better known as smog—despite a recommendation by a scientific advisory panel to lower air pollution limits to protect public health.
Law firms see growing demand for advice on environmental, social investing issues
Law firms in Indiana and across the globe are seeing increasing demand for legal advice on initiatives that measure corporate responsibility in the areas of environmental impact, social concerns and corporate governance.
Inflation is down, but Inflation Reduction Act doesn’t deserve credit, experts say
Even President Joe Biden has some regrets about the name of the Inflation Reduction Act: As the giant law turns a year old on Wednesday, it’s increasingly clear that immediately curbing prices wasn’t the point.
Biden goes west to talk about his administration’s efforts to combat climate change
President Joe Biden will travel to Arizona, New Mexico and Utah next week and is expected to talk about his administration’s efforts to combat climate change as the region endures a brutally hot summer with soaring temperatures, the White House said Monday.
US Supreme Court asked to set aside ruling that blocks construction on Mountain Valley Pipeline
The fate of a controversial natural gas pipeline in West Virginia may rest with the U.S. Supreme Court, as the state appealed a lower court’s ruling that temporarily blocked construction despite a Congressional order clearing the way for the project.
Deep sea mining permits may be coming soon. What are they and what might happen?
The International Seabed Authority — the United Nations body that regulates the world’s ocean floor — is preparing to resume negotiations that could open the international seabed for mining, including for materials critical for the green energy transition.
Supreme Court rules against Navajo Nation in Colorado River water rights case
The U.S. Supreme Court ruled against the Navajo Nation on Thursday in a dispute involving water from the drought-stricken Colorado River.
Draft EPA rule could impact nearly 50 Indiana coal ash dumps
Draft federal regulations for toxic coal byproducts could cover nearly 50 exempted dumps spread across 14 locations in Indiana.
More than two dozen cities and states are suing Big Oil over climate change — they just got a boost from the US Supreme Court
Local and state governments that are suing major oil companies want to hold them responsible for the costs of responding to disasters that scientists are increasingly able to attribute to climate disruption and tie back to the fossil fuel industry.