On April 9, 2025, the White House published a new Memorandum entitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The Memorandum avers that illegal, unnecessary, and onerous regulations
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U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule
On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act (“ESA”). The proposed rule…
The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana…
Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority
EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect
Stoel Rives Summer Associate Maya Ward co-authored this post.
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by…
Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions
Stoel Rives Summer Associate Jessica Wright co-authored this post.
In a landmark decision on July 1, 2024, the Supreme Court ruled that the six-year statute of limitations for facial challenges to agency regulations under the Administrative Procedure Act (APA) begins when…
SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In
Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the…
Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP
Stoel Rives Summer Associate Jessica Wright co-authored this post.
We want to bring to your attention a recent development involving the Environmental Protection Agency’s (EPA) regulation of air pollutants. In the case Ohio v. EPA, the Supreme Court issued a stay…