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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

This morning we have an analysis of three recent U.S. Supreme Court opinions that continued the court’s years-long trend of narrowing federal protections for the environment. Plus, the U.S. House is scheduled to vote on final passage of President Trump's sweeping tax-cut and spending bill today; Yale Law Dean Heather Gerken is stepping down; and a judge ruled that federal judges are public officials for defamation purposes. Happy Wednesday. Here are some cool photos of space taken with the world’s largest digital camera. Let’s get going.

 

U.S. Supreme Court dealt blows to EPA and environmental protections

 

REUTERS/Dado Ruvic/Illustration

The U.S. Supreme Court delivered a series of setbacks to environmental protections during its latest term, which concluded last week. Here’s what to know:

  • This term, the court continued its years-long trend of narrowing federal protections for the environment in several rulings that could be a boon for businesses.
  • Perhaps the biggest environmental decision this term involved a proposed Utah railway intended to transport crude oil. The 8-0 ruling narrowed the scope of environmental obligations for federal agencies under the 1970 National Environmental Policy Act. Read the opinion.
  • "Depending on how lower courts interpret it, the NEPA case may pose the greatest threat of a major change in the law," University of California, Berkeley, law professor Daniel Farber said. Read more about that here.
  • The court also dealt a blow to the EPA, ruling 5-4 that the agency exceeded its authority under the Clean Water Act of 1972 by including vague restrictions in a permit issued for a wastewater treatment facility that empties into the Pacific Ocean. Read the opinion.
  • Howard University School of Law professor Carlton Waterhouse, who was an EPA official during the Biden administration, said some parts of the U.S. could experience diminished water quality while a workaround is devised "to protect state water quality standards without a major tool they have used for decades." Read more here.
  • In a third environmental ruling, the justices sided with fuel producers that had opposed California's standards for vehicle emissions and electric cars under a federal air pollution law, agreeing that their legal challenge to the mandates should not have been dismissed. Read the opinion.
  • John Kruzel has more about the rulings here.
 

Coming up today

  • The U.S. House of Representatives is scheduled to vote on final passage of President Trump's sweeping tax-cut and spending bill today. Yesterday, the bill passed the U.S. Senate on a vote of 51-50 after Vice President JD Vance cast the tie-breaking vote. Read more about what’s in the bill here.
  • The Wisconsin Supreme Court is expected to rule on the state’s abortion ban today. The lawsuit argued that an 1849 law prohibiting the killing of a fetus except to save the mother's life, which Republican prosecutors in the state have interpreted as a near-total abortion ban, violates the fundamental rights to life, liberty and equal protection under the law guaranteed by the constitution.
  • U.S. District Judge Brian Murphy in Boston will consider whether to continue to block the Trump administration from carrying out steep cuts to federal research funding provided to universities by the U.S. Department of Defense.
  • U.S. District Judge Amir Ali in D.C. will hold a motion hearing in the National Association of the Deaf’s lawsuit seeking to compel the White House to resume providing ASL interpreters during broadcasts of press briefings. Read the complaint.
  • The American Association of Physicians for Human Rights will ask U.S. District Judge Lydia Griggsby in Greenbelt, Maryland, to issue a preliminary injunction in its lawsuit against the National Institutes of Health challenging the termination of federal grants for LGBTQ+ research. Read the complaint.
  • U.S. District Judge Paula Xinis in Greenbelt, Maryland, will hold a telephone conference in a lawsuit by Public Employees for Environmental Responsibility seeking to block President Trump’s effort to reclassify up to 50,000 federal workers and make it easier to fire them. Read the complaint.

Court calendars are subject to last-minute docket changes.

 

More top news

  • Sean 'Diddy' Combs jury decides on some counts; verdict not yet known
  • University of Pennsylvania reaches compliance deal with Trump administration on transgender athletes
  • Federal judges are public officials for defamation purposes, judge rules
 
 

Industry insight

  • Yale Law Dean Heather Gerken is leaving the school to become president of the Ford Foundation. Read more.
  • Moves: Former FTC general counsel Anisha Dasgupta joined Orrick’s Supreme Court and appellate practice as a partner …  Blake Winburne, the global head of Orrick’s energy and infrastructure group, moved to Willkie to co-chair the firm’s energy and infrastructure practice. Willkie also hired restructuring partner Paul Labov from Pachulski Stang Ziehl & Jones … Morrison Foerster added finance partner Ambarish Dash from Herbert Smith Freehills … DLA Piper recruited Paul Wight as a partner to its projects and energy practice from Kirkland … Jenner & Block added a litigation team led by partners Richard Bulger and Daniel Ring, who will also co-chair the firm’s mass torts practice … IP partner Adrian Percer joined WilmerHale from Weil …  Dentons hired Joshua Davis as a litigation partner from Arnold & Porter … Trial lawyer Donny English rejoined Morgan Lewis from Jackson Lewis … Daniel Doron left Jackson Lewis to join BCLP’s labor and employment practice … Thompson Hine added IP partner Rachael Rodman from UB Greensfelder.