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ARTICLE · 19 DECEMBER 2024

This Week's Climate Policy Update | December 8 - December 14, 2024

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The Biden administration's environmental policies and the future of infrastructure projects are facing pivotal legal challenges and political shifts.

GlobalEnvironment
Kenneth J. Markowitz
Kenneth J. Markowitz
Stacey H. Mitchell
Stacey H. Mitchell
Christopher Treanor
Christopher Treanor
Emily P. Mallen
Emily P. Mallen
Richard Coppola III
Richard Coppola III
Lucas Chapman (Public Law and Policy Resident)
Lucas Chapman (Public Law and Policy Resident)
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Environmental Regulations in the Courts

The Biden administration's environmental policies and the future of infrastructure projects are facing pivotal legal challenges and political shifts. The U.S. Court of Appeals for the D.C. Circuit questioned the viability of the Environmental Protection Agency's (EPA) 2024 power plant emissions rule, particularly its reliance on carbon capture technology, while the 6th Circuit overturned the EPA's rejection of Kentucky's smog plan, which comes only three days after the EPA issued its defense of its "good neighbor" smog control plan responding to the Supreme Court's decision to halt its implementation in June. Meanwhile, the Supreme Court's handling of the first National Environmental Policy Act (NEPA) case in some time, Seven County Infrastructure Coalition v. Eagle County, could substantially alter the scope of environmental reviews, with potential immediate implications for the oil & gas industry. These judicial reviews may

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