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Remedial Restraint in Administrative Law -- in the wild!

If courts start treating vacatur as the exception, not the rule, it could ease the financial and legal uncertainty that makes NEPA such a hurdle. Predictable remedies matter as much as streamlined review.

Despite the Court's overturning of Chevron, the Court points out at every turn the importance of judicial deference to the agencies' application of NEPA. Thus, one how "detailed" a NEPA report must be, deference. On identifying significant environmental impacts and feasible

In today's #SCOTUS Seven Co. Infr. Coalition decision, emphasis on deference under State Farm when agencies exercise discretion vs Loper Bright's independent judgment for mere statutory interpretation. Fits neatly with Amy Wildermuth's & my draft article. papers.ssrn.com/sol3/papers.cf…

“Low cost batteries are transformative, not simply because they complement solar but because of how they complement other energy generation.” The buffer they provide works not just for solar v. demand mismatch but “just as well to smooth out variation in demand more generally.”

SCOTUS Seven County decision is out! TLDR: It’s a big deal, it limits NEPA, it’s better than expected, BUT… there’s still uncertainty. The ruling does two things: - Calls for giving agencies more discretion - Sets clear limits on what EIS reviews have to consider 🧵(1/14)

SCOTUS decision is a victory for limiting NEPA The first component of the decision is a clear call for giving agencies more *discretion* when preparing NEPA analyses, (i.e. how much leeway should agencies get when complying with NEPA) (4/14) x.com/EnergyLawProf/…

Permitting the Future reason.com/volokh/2025/06… via @volokhc CWRU School of Law Coleman P. Burke Center for Environmental Law CWRU Case Western Reserve Law Review

“Justice Brett Kavanaugh writing for the majority said use of NEPA to stymie energy and infrastructure programs has gotten out of hand and needs to be curtailed.”

Back in 2018, I made “the counterintuitive case that studying how energy transport projects might affect upstream and downstream markets is unwise” in environmental reviews. dc.law.utah.edu/ulr/vol2018/is… The Supreme Court now agrees…

Good observations by Elizabeth McCarthy, James Coleman that fixing the start/stop/redo dynamic in how courts approach remedies in permitting-related lawsuits is a good way to reduce project risks associated with the process, separate from how courts hold agencies accountable.

“Virginia today is full of data centers — 329 of them, handling as much as a third of the planet's internet traffic and consuming almost a fourth of the state's electricity in 2023.”

Discussed how different war scenarios in the Middle East could impact oil prices and eventually gasoline prices at the pump this morning with Vineeta Sawkar