36th Annual Superconference
This year’s 36th annual Superconference included well deserved recognition of Haynes & Boone partner Mary Mendoza, who received the “Jeff Civins Volunteer of the Year Award” for her contributions to the profession, the State Bar of Texas Environmental & Natural Resources Law Section, and the Superconference. This year, Mary was a key member of the Superconference Planning Committee and the moderator of the Wednesday afternoon session on artificial intelligence.

Increasing Judicial Scrutiny of Agency Action
Presentations discussing recent and upcoming cases indicated the federal judiciary will be less deferential to administrative agency decisions.  In addition to the well-publicized ending of deference to agencies in interpreting statutes, it appears fewer challenges to regulations will be barred by the statute of limitations and courts may be more willing to reverse agency regulations when they perceive the agency’s explanations are inadequate.

Important NEPA Case
Multiple presenters noted that the US Supreme Court has agreed to hear a case to determine if the National Environmental Policy Act (NEPA) requires a federal agency to consider all environmental effects of a project or only those within the agency’s jurisdiction. Those challenging the issuance of permits by agencies such as the Corps of Engineers and the Department of Transportation often assert that NEPA requires the agencies to evaluate the effects of the permitted activity on climate change, even though the agencies have no jurisdiction to regulate air emissions.

I expect the Court will rule that NEPA, unless and until amended by Congress, does not require agencies to consider effects not within their jurisdiction.

Thanks to all presenters and those that help make Superconference such a great experience each year.