Environmental Law Advisor

165 total results. Page 1 of 7.

Meera Gorjala, J. Michael Showalter
These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly “not final” actions by the executive branch and litigation.
J. Michael Showalter
“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. 
J. Michael Showalter, David M. Loring
How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.
J. Michael Showalter, Bradley S. Rochlen
On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.
Francis X. Lyons, J. Michael Showalter
Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.
J. Michael Showalter, Amy Antoniolli, Bina Joshi, Daniel J. Deeb, Alex Garel-Frantzen, Sarah L. Lode, Dan H. Renberg
What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics.
J. Michael Showalter, Amy Antoniolli, Malerie Ma Roddy
US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.
Robert A.H. Middleton, J. Michael Showalter
The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities.
J. Michael Showalter, David M. Loring
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, and civil-rights investigations.
J. Michael Showalter, Samuel A. Rasche
“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer, has been viewed as a key underpinning.
Ryan C. Granholm, Amy Antoniolli, Jane E. Montgomery
A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections.
J. Michael Showalter, Daniel J. Deeb
Securing environmental permits is often big part of operating a business. How the US Environmental Protection Agency’s (EPA) recent focus on environmental justice (EJ) issues might affect that permitting remains something of an open question.
J. Michael Showalter, David M. Loring, Samuel A. Rasche
In a recent US EPA letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use the “whole of government” to address what it believes are long-standing civil concerns.
J. Michael Showalter
As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward seeing EJ-focused changes occurring in EPA’s efforts.
Andrew N. Sawula
On October 14, 2022, the US Environmental Protection Agency (EPA) proposed changes to its New Source Review (NSR) regulations that would expand the number of projects that trigger NSR permitting at existing facilities by requiring that all major stationary sources consider fugitive emissions.
J. Michael Showalter, Sarah L. Lode
On Aug. 30, in Environment Texas Citizen Lobby Inc. v. ExxonMobil Corp., a split panel of the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Southern District of Texas' $14.25 million Clean Air Act penalty against a petroleum company that had been found liable for
J. Michael Showalter, Ryan C. Granholm, Sarah L. Lode, Samuel A. Rasche
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean Water Act; standing and the appropriateness of executive action.
Robert A.H. Middleton, J. Michael Showalter, Joshua R. More
Citizen suits begin with private parties sending “notice letters” to potential defendants apprising them that, if a specified action isn’t done within a certain period, litigation will be filed. A primary purpose of these letters is to allow parties to fix issues outlined in the letters.
J. Michael Showalter, Sarah L. Lode
Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a petroleum company which had been found liable for “thousands.”
J. Michael Showalter, Daniel J. Deeb
The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law.
Daniel J. Deeb, Sara A. McQuillen
On August 26, the US Environmental Protection Agency (EPA) released a pre-publication version of its proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
J. Michael Showalter, Jane E. Montgomery
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened communities.
Daniel J. Deeb, Sara A. McQuillen
An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the completion of its review of an EPA proposal to designate two PFAS as hazardous.
J. Michael Showalter, James D. Cromley
Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the RCRA citizen suit provisions, has essentially ended with a Maine district court's entry of a consent decree.
Samuel A. Rasche, Jane E. Montgomery, J. Michael Showalter
US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The bump in spending would be off-set by corporate tax changes.