Gray Matters

In the keynote panel from the Gray Center's May conference, moderator Adam White (Gray Center, AEI) speaks with Michael Williams (West Virginia Solicitor General) and Matt Leopold (Holland & Knight and former EPA General Counsel) about federal energy and environmental regulation, focusing on the Supreme Court’s pending Suncor v. City of Boulder case and broader post-Chevron litigation dynamics.

The case concerns whether state tort law can be used to impose liability for climate change damages and effectively regulate interstate emissions, raising preemption and territorial-jurisdiction concerns. The discussion covers potential federal common law and Clean Air Act preemption, limits on extraterritorial regulation, and skepticism of Dormant Commerce Clause arguments. They connect these issues to the EPA’s current deregulatory efforts, the end of Chevron deference after Loper Bright, and questions about Mass. v. EPA.

Show notes: 
YouTube version
2024 Gray Center webinar on Federal Preemption and Environmental Regulation
2024 Gray Matters Episode about the Role of State Tort Law in the World of Climate Lawsuits and Federalism

In this panel discussion, moderator Aaron Nielson (University of Texas at Austin) speaks with Michael Buschbacher (Boyden Gray PLLC), Matt Gregory (Gibson Dunn & Crutcher LLP), and Stephanie Maloney (U.S. Chamber Litigation Center) about legal remedies and the state of strategic litigation against agencies.

Show notes:  
YouTube version

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Oklahoma Secretary of Energy and Environment Jeff Starling and the Fulcrum Foundation’s Reeve Bull discuss a new regulatory reform pilot project in Oklahoma. They share how Oklahoma is using AI to reform regulatory processes, reduce costs, and improve efficiency in government. 
 
Show notes:  
Reeve T. Bull, “Oklahoma is Leading the Way on AI-Powered Regulatory and Permitting Reform”

Jace Lington and Bennett Nuss talk with NCLA President and Chief Legal Officer Mark Chenoweth about the evolving landscape of injunctions in the legal system, particularly in light of recent cases likeTrump v. CASA. They explore the definition and function of injunctions, the surge of nationwide injunctions during the Trump administration, and the implications of forum shopping in legal proceedings. The conversation also delves into the role of the Administrative Procedure Act in judicial review and the strategic maneuvers of agencies to circumvent judicial oversight.

Check out NCLA's latest cases here

"The Truth of Erasure: Universal Remedies for Universal Agency Actions," by T. Elliot Gaiser, Mathura Sridharan, and Nicholas Cordova

"Nationwide Injunctions' Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure," Ronald A. Cass

"How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?" Richard J. Pierce, Jr.

Adam White, Jace Lington, and Bennett Nuss analyze the recent Supreme Court decisions in Trump v. Slaughter and Trump v. Cook, focusing on the implications for executive power, administrative agency independence, and the future of administrative law.

Adam White in SCOTUSblog

Aditya Bamzai & Aaron Nielson on the Fed and Article II at The Cornell Law Review