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☆ Biden’s EPA is trying to take a huge bite out of the climate crisis. But can it survive Trump’s Supreme Court?
▼ + stars: | 2024-05-22 | by ( Ella Nilsen | ) edition.cnn.com time to read: +10 min

Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. And environmental attorneys are intrigued by Barrett, who has had some tough questions for EPA’s challengers during recent Supreme Court arguments. The Supreme Court ruled in 2007 that the EPA can use its authority to regulate greenhouse gases. That gives the agency the recent Congressional direction the Supreme Court has said it so badly needs, some experts said.

Persons: Joe Biden’s, Richard Lazarus, “, Michael Regan, ” “, ” Regan, Regan’s, ” Lazarus, Samuel Alito, Clarence Thomas, Neil Gorsuch, Gorsuch, Alito, ” David Doniger, “ Alito –, ”, Reagan, Anne Gorsuch, Sonia Sotomayor, John Roberts, Elena Kagan, Amy Coney Barrett, Brett Kavanaugh, Ketanji Brown Jackson, J, Scott Applewhite, Amy Coney Barrett –, Roberts, Barrett, Kavanaugh, Sackett, “ He’s, he’s, doesn’t, Ann Carlson, ” Carlson, ” Doniger Organizations: CNN, Joe Biden’s Environmental Protection Agency, Harvard Law, EPA, Republican, Natural Resources Defense Council, Chevron, DC, Appeals, DC Circuit, University of California, Biden, Congress Locations: China, United, Virginia, University of California Los Angeles, West Virginia, Congress

The rule, which takes effect in November, reverses a Trump-era action that limited the ability of states and tribes to review pipelines, dams and other federally regulated projects within their borders. The federal Clean Water Act allows states and tribes to review what effect pipelines, dams and some other federally regulated projects might have on water quality within their borders. The rule announced Thursday will shift power back to states, tribes and territories. The EPA has said states should have authority to look beyond pollution directly discharged into waterways and “holistically evaluate” the impact of a project on local water quality. Former President Donald Trump had argued that states were improperly wielding the Clean Water Act to block needed fossil fuel projects.

Persons: Biden, Radhika Fox, It’s, Fox, Sackett, Trump, Michael Regan, Donald Trump, John Roberts Organizations: WASHINGTON, —, Environmental Protection Agency, Biden, EPA, Army Corps of Engineers, Corps, United, Industry Locations: — States, United States, New York, Washington

☆ The wife of Supreme Court Justice Samuel Alito leased a plot of land to an oil and natural gas company while the judge was weakening the powers of the Environmental Protection Agency, report says
▼ + stars: | 2023-06-26 | by ( John L. Dorman | ) www.businessinsider.com time to read: +3 min

In June 2022, Justice Samuel Alito's wife leased a plot of land in Oklahoma to an oil and gas company. Alito in several rulings before the court has been part of majority decisions to reduce the scope of the EPA. There are thousands of oil and gas leases across Oklahoma, where the energy sector is a critical economic driver. But the oil and gas lease troubles many environmentalists given Justice Alito's role in weakening the scope of the Environmental Protection Agency in several cases that have come before the court. And last year, the Supreme Court in West Virginia v. Environmental Protection Agency limited the federal agency's ability to control the level of carbon emissions from power plants.

Persons: Samuel Alito's, Alito, —, Samuel Alito, Martha Ann Bomgardner Alito, Alito's, Jeff Hauser, Paul Thomas Anderson, Joe Biden Organizations: EPA, Service, Citizen Energy III, Energy III, Environmental Protection Agency Locations: Oklahoma, Sackett v, West Virginia

☆ Senate votes to roll back Biden administration clean water rule
▼ + stars: | 2023-03-30 | by ( Emma Newburger | ) www.cnbc.com time to read: +3 min

The Senate has approved a resolution to overturn a Biden administration rule that would expand federal protections for the country's waterways, a measure Republicans have criticized as overbearing and burdensome to business. The vote comes after the Biden administration last year issued a rule that more broadly defined which types of waterways in the U.S. are eligible for federal water quality protections under the 1972 Clean Water Act. The White House said the revised rule is based on definitions that were in place before 2015, when the Obama administration sought to expand federal protections. The Biden administration argued that rolling back the rule would make federal regulations unclear for businesses and farmers and that increased uncertainty would threaten economic growth for agriculture, and local economies. However, a federal judge this month paused the Biden administration's waterway protections in Texas and Idaho, marking a victory for Republican challengers.

Here are four climate and environment lawsuits that are likely to make headlines in 2023. The oil companies in the nation's high court are hoping to upend a series of circuit court decisions saying the cases belong in state courts where they were filed. If the court takes the appeal and rules for the oil companies, then the cases would be moved to federal court, the preferred venue for the industry defendants. (Bellwether trials are chosen as test cases and are used to work through common legal and factual issues.) "I think it will be a huge year for this issue," Conroy said of 2023.

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