Environmental Regulation One Year After Loper Bright: Judicial Review, Policy Shifts, NEPA Rulings

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Wednesday, November 5, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will discuss this past year's rapid, evolving judicial review and interpretation of the environmental regulatory landscape following the U.S. Supreme Court's landmark decisions in Loper Bright Enterprises v. Raimondo and Corner Post Inc. v. Board of Governors of the Federal Reserve System.
Faculty

Mr. Auslander’s legal practice focuses on environmental, natural resources, and administrative law and litigation. He co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. Mr. Auslander focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits, and other issues. Mr. Auslander represents major and small businesses, leading industry trade associations, and state and local agencies in a wide range of environmental matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary.

Ms. Keyes combines the trial skills learned from her 17-year career as a prosecutor with her in-depth knowledge of local, state and federal governments and deep understanding of environmental law to advise clients on complex litigation and regulatory matters so clients can mitigate legal risks and achieve their business and operational imperatives. She advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. Having worked on matters involving every environmental statute, a significant portion of Ms. Keyes practice focuses on helping clients understand the regulatory and litigation risks associated with permit issues, worker safety, and emerging contaminants, including PFAS and ethylene oxide, as well as plastics and asbestos. She specializes in assessing facility impacts on fence-line communities and developing strategies for community engagement when appropriate. Ms. Keyes also advises clients on environment, social and governance (ESG) matters and the impacts climate change can have on business operations.
Description
Following Loper Bright’s rejection of Chevron deference, courts now have the final say in interpreting environmental statutes. Corner Post extended the timeframe for challenging agency rules, allowing litigation even years after rule adoption, upon first harm to a regulated party.
In City & County of San Francisco, the Court limited EPA's ability to impose generic pollutant discharge bans without defined limits, emphasizing the recent Court penchant for statutory precision post-Loper Bright. In Seven County Infrastructure, the Court affirmed agencies' discretion under NEPA to exclude certain upstream and downstream impacts from review.
Loper Bright’s elimination of Chevron deference and Corner Post’s extension of challenge periods were the first steps in reshaping environmental litigation in a year of profound changes in statutory interpretation and regulatory reinterpretation.
Listen as our expert panel navigates Loper Bright, Corner Post, and more recent decisions, distilling what direction can be found, and offering strategies for advising clients. The panel will address heightened judicial scrutiny, new litigation potential, and adjusted regulatory compliance approaches.
Outline
I. Introduction
II. Case evolution and timeline
A. Loper Bright Enterprises
B. Corner Post Inc.
C. City & County of San Francisco
D. Seven County Infrastructure
III. Agency and administration policy shifts
IV. Legislative and regulatory impact
V. Practice considerations
Benefits
The panel will address these and other important considerations:
- Judicial rebalancing of agency power
- Impact on EPA and other environmental agencies
- Litigation and compliance strategy
- Administrative policy shifts
- Potentially vulnerable rules, and what's next?
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