Online Articles

Did You Get the Memo? Latest Guidance from Trump’s EPA Sparks Controversy

February 21, 2019 by Samuel Ruddy Air Energy Federal Rollbacks Fossil Fuels Litigation

By Kathryn Priester, Staff Contributor

Environmental groups and the State of California are up in arms over an EPA memo scrapping a decades-old Clean Air Act policy. Will the DC Circuit weigh in on the EPA’s use of “guidance” to drastically shift US regulatory policy?

Kids Take a Stand Against Climate Change, but Do They Have Standing?

January 25, 2019 by Rebecca Strauss Air Climate change Litigation

By Rourke Donahue, Staff Contributor

Twenty-one children are suing the federal government over its failure to address climate change. But does the public have a fundamental right to the environment and is climate change an appropriate issue for courts to address?

Cars in traffic on a highway near a body of water

Revisiting Criminal Culpability Under the Clean Air Act in the Wake of ‘Dieselgate’

October 9, 2018 by Alexander Pappas Air Fossil Fuels

By Spencer Shweky, staff contributor.

It has now been just over 3 years since the Environmental Protection Agency (“EPA”) first informed the public that Volkswagen, at the time the world's largest automaker, had installed ‘cheat devices’ designed to evade U.S. regulators in hundreds of thousands of their cars. Ultimately, the automaker paid a $2.8 billion criminal fine, and 9 executives and employees were charged with violating the Clean Air Act (“CAA”) and Title 18 of the United States code (the main criminal code of the federal government). Interestingly, though, no one was actually held criminally liable for the pollution itself.