A group of four Democratic AGs sued the EPA and Citibank, N.A., as a financial agent for the federal government, alleging that they wrongfully denied the states access to funds appropriated by Congress for clean-energy projects in violation of the Administrative Procedures Act, the separation of powers, the Spending Clause, and the Tenth Amendment, among…

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In 3E, Chris Allen comments on the developments surrounding a recent Final Rule issued by EPA in April 2024 setting drinking water standards for PFAS.

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A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged contributions to greenhouse gas emissions. The complaint alleges that the Act is…

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The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a final rule requiring all states with National Highway System mileage to take affirmative steps to set declining CO2…

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A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act (EPCA). In the brief, the…

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