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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

The issue was whether state plans under the Clean Air Act only need to prevent violation of national air quality standards, or whether they must prevent deterioration in areas where the air is already cleaner than the standards. Coalition for Responsible Regulation v. Corey (2019). Ruckelshaus (1973).

Law
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Shell Falcon Pipeline LP Pleads No Contest To Criminal Charges For Violating The State Clean Streams Law In Allegheny, Beaver, Washington Counties; Will Pay $300,000 In Penalties

PA Environment Daily

These penalties are in addition to a $670,000 civil penalty DEP accessed against Shell Falcon Pipeline and its contractor Minnesota Limited LLC for violations of its permit and other laws and regulations that occurred in 2019 and 2020 during pipeline construction. Read more here. Read more here.

Law
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Supreme Court Clarifies Scope of NEPA Review

National Law Center

Until recently, the contents of an EIS report were outlined in regulations issued by the Council on Environmental Quality (“CEQ”), the agency tasked with administering NEPA. However, following a series of court rulings from late 2024 and early 2025, CEQ has rescinded all of its NEPA-implementing regulations. Infrastructure Coal.

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In Final Ruling, New York Court of Appeals Greenlights New York City’s Building Performance Standards

Law Columbia

Last Thursday, May 22, the New York State Court of Appeals the States highest court issued a decision upholding New York Citys Local Law 97 of 2019. Field preemption occurs when a state (or the federal government) occupies the regulation of a certain subject matter so extensively as to exclude local governments from regulating in that area.

Law
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The Deal With Dicamba: EPA Proposes Unconditional Registration for Over-the-Top Use

National Law Center

FIFRA is the primary federal law regulating pesticide use in the United States. Additionally, EPA is proposing new mitigation measures to include on the labels for the three dicamba pesticides intended to both limit volatilization and reduce exposure to endangered species. 136a(c)(5)(C).

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Federal Court Finds Swampbuster Constitutional

National Law Center

Under that process, NRCS will classify an area as being either a type of wetland, a converted wetland, or an area not subject to Swampbuster regulation. The Commerce Clause of the United States Constitution grants Congress the power “to regulate Commerce with foreign Nations, and among the several States.[]” U.S. 3822 (a)(5).

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EPA, Justice Dept., DEP Announce $5.275 Million In Penalties, Plus $1.4 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc., Hilcorp Energy Company For Federal, State Clean Air Act Violations

PA Environment Daily

XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania. The EPA identified the alleged violations through field investigations conducted in 2018 and 2019.