May 2018
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CRA Survives Constitutional Challenge—Are More Rules and Guidance at Risk of Disapproval?
A recent decision by the U.S. District Court for the District of Alaska rejected efforts by the Center for Biological Diversity (the “Center”) to challenge the constitutionality of the Congressional Review Act (CRA). The CRA, which was originally enacted in 1996, allows for Congressional disapproval of rules promulgated by administrative agencies under limited circumstances. Historically,… Continue reading
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EPA Air Chief Supports Draft House Bill Revising CAA ‘Modification’ Definition
Congressman Morgan Griffith (R-VA) has introduced a discussion draft of a bill that proposes to revise the definition of “modification” in the Clean Air Act (CAA) to “clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction.” Continue reading
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Fracking Industry Warns of “Devastating Effects” from Pennsylvania Court Ruling
On April 2, 2018, the Pennsylvania Superior Court issued a potentially groundbreaking decision by holding that trespass and conversion claims arising from hydraulic fracturing are not precluded by the rule of capture. Continue reading