As our colleagues have noted, the U.S. Supreme Court’s two vaccine-mandate-related decisions impact employers and have significant public health implications.

Outside of the public health context, both decisions ― in cases styled National Fed. of Independent Businesses v. Occupational Safety and Health Administration (OSHA) and Biden v. Missouri ― provide significant guidance related to principles of administrative law, with which the regulated community will have to grapple in future policy challenges in federal court.
Continue Reading Key Takeaways for the Regulated Community from the Supreme Court’s Vaccine Mandate Decisions

Demonstrating standing can be challenging for plaintiffs in environmental cases. The issues are addressed in court decisions with some regularity – see here and here. A recent Tenth Circuit decision in UPHE v. Diesel Power Gear, LLC, involving Clean Air Act (CAA) allegations against modifications to vehicles – in CAA parlance, “mobile source” – provides interesting guidance into what plaintiffs need to allege to have standing, at least in the Tenth Circuit. The take-away is that even though the impact of individual “defeat devices” on the environment might be small, courts may permit parties to bring claims about them in federal court.
Continue Reading Tenth Circuit Decision Could Pave the Way for More Frequent Clean Air Act Enforcement