How a federal project review challenge is decided next year by US Supreme Court justices could limit the scope of what has been bedrock environmental law.
But justices declined to block business group and red state suits against tougher curbs on mercury pollutants from coal-fired power plants and methane emissions from oil and natural gas facilities.
Majority decision overturning 40-years of legal precedent in court deference to federal agency expertise in rulemaking leaves many unanswered questions.
Proposed rule is one of the first federal regulations, and the first by OSHA, to be issued after the Supreme Court’s June 28 Loper Bright v Raimondo decision setting potential brakes on agency rulemaking.
Justices will rule on arguments against EPA "generic" effluent discharge permitting, but declined to consider landowners' eminent domain challenge on the Mountain Valley gas pipeline.
Court says it will consider a request by several states and trade groups to halt implementation of EPA emission reduction requirements for upwind states.
At the start of its 2023-2024 session on Oct. 2, the U.S. Supreme Court has not yet set a date to hear arguments in a major case that could reevaluate the authority federal agencies have to interpret ambiguous language in U.S. law in rulemaking.