by ridgelinecenter | Jun 1, 2025
This article in Lewis & Clark’s Environmental Law Review, 55 Envtl. L. 449 (2025), demonstrates how lower courts have applied the Supreme Court’s 1944 decision in Skidmore v. Swift & Co. in the immediate seven months after the Court’s 2024 decision in...
by ridgelinecenter | Aug 1, 2024
For four decades, federal courts relied on the Chevron doctrine to guide their approach in determining whether to defer to an agency’s interpretation of a statute. In Loper Bright Enterprises v. Raimondo, the Supreme Court concluded that the forty-year-old...
by ridgelinecenter | Jun 1, 2024
The U.S. Supreme Court formally embraced the Major Questions Doctrine (MQD) in its groundbreaking decision in West Virginia v. EPA. On its face, the doctrine is limited to “extraordinary cases … in which the history and the breadth of the authority that the...
by ridgelinecenter | May 1, 2024
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Trump Administration banning their use in settlements, to regulation and guidance from the Biden Administration reversing the ban, to legislative proposals...