JD Supra

D.C. Circuit Declines to Reconsider its Prior Order Restoring an Emergency Affirmative Defense for Emissions Violations Under the Clean Air Act

On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense ...
JD Supra

D.C. Circuit Reaffirms the Affirmative Defense for Emergency Events

EPA must now reinstate its decades-old, recently rescinded, affirmative defense under the CAA for excess emissions caused by emergency events. With the reinstatement of this defense, industry regains ...
Forbes

Utah Supreme Court Misses On Shifting Burden Of Proof With A UPEPA Special Motion

A special motion filed pursuant to the Uniform Public Expression Protection Act is supposed to operate much like a motion for summary judgment. But what if the moving party (the speaker) asserts an ...