Environmental Law Advisor

212 total results. Page 1 of 9.

J. Michael Showalter
A first-of-its-kind environmental justice (EJ) lawsuit filed by a group of Louisiana churches and nongovernmental organizations (NGOs) was dismissed this week.
J. Michael Showalter, Alex Garel-Frantzen
Everyone loves recycling. However, when it comes to plastic, questions about how recycling occurs and whether it can meaningfully occur generate a fair amount of controversy.
J. Michael Showalter
A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial.
On November 2, 2023, the US Court of Appeals for the Eighth Circuit vacated a 2021 decision by the US Environmental Protection Agency (EPA) that had halted the use on agricultural crops of the pesticide product known as chlorpyrifos.
J. Michael Showalter, Bradley S. Rochlen
Costs to clean up environmentally impacted real estate have continued to increase. A variety of factors have caused this trend including: listing of new contaminants, enhanced focus on contamination pathways like vapor intrusion, and changed circumstance caused by infrastructure challenges from shifting weather patterns and greater population density all pose risks to parties fulfilling cleanup obligations.
Francis X. Lyons, J. Michael Showalter
The US Department of Justice (DOJ) has issued its inaugural report highlighting recent activities related to the incorporation of environmental justice (EJ) principles into its enforcement efforts.
J. Michael Showalter, Samuel A. Rasche
The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution.
J. Michael Showalter
Sometimes where to begin is the hardest part. The US Environmental Protection Agency’s (EPA) recently released Toolkit is intended to help local and state governments start their environmental justice (EJ) journey through community engagement.
Alex Garel-Frantzen, Daniel J. Deeb
On September 28, the Environmental Protection Agency (EPA) posted a final rule that will require any entity that has manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since 2011 to report detailed information on PFAS usage.
J. Michael Showalter
While increased enforcement resulting from increased federal focus on environmental justice (EJ) issues poses risk to many businesses, how the US Environmental Protection Agency (EPA) assesses and addresses EJ-related “cumulative risk” issues has the potential to create even more uncertainty.
J. Michael Showalter, Bradley S. Rochlen, Alex Garel-Frantzen
“Joint and several” liability for environmental remediation costs is fundamental to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
J. Michael Showalter, David M. Loring
Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues.
J. Michael Showalter
More so than any other issue, environmental justice (EJ) remains a central pillar of the Biden Administration’s regulatory agenda. Below, we’ll answer three EJ-related questions that the regulated community may struggle with this fall.
J. Michael Showalter
One might not expect that a climate-change case filed by a group of children could succeed.
J. Michael Showalter
The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court.
J. Michael Showalter, Karen Ellis Carr, Sara A. McQuillen, Meera Gorjala
The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental assessments before taking “major federal actions.”
Meera Gorjala, David M. Loring
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under Title V of the Clean Air Act.
J. Michael Showalter
Effective and meaningful public engagement are “foundational principles of Federal regulatory development” and the Biden Administration has sought to remove barriers to public participation in the regulatory process.
J. Michael Showalter
The Biden Administration is in the process of revising a cog fundamental to federal policymaking. The cog, a guidance document issued by the Office of Management and Budget’s (OMB) entitled Circular A-4, has the potential to dramatically alter the regulatory environment.
Amy Antoniolli, Stephen P. Hanson, J. Michael Showalter
The International Sustainability Standards Board (ISSB) standards have joined the climate-disclosure reporting frameworks that take a financial materiality-led approach.
J. Michael Showalter, Alex Garel-Frantzen, Samuel A. Rasche, Sara A. McQuillen
This US Supreme Court’s administrative and environmental decisions were somewhat predictable for much of the 2022-2023 term. And then they weren’t – the final weeks of the term especially featured some high-drama decisions.
J. Michael Showalter, Alex Garel-Frantzen, Samuel A. Rasche
Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable.
J. Michael Showalter, Robert A.H. Middleton
In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup.
J. Michael Showalter
A DC Circuit decision related to the US Environmental Protection Agency’ (EPA) hydroflurocarbons (HFC) phase out illustrates that federal regulations face significant scrutiny when reviewed in court even where the regulations have a textual hook and are largely consistent with prior agency practice.
Amy Antoniolli, J. Michael Showalter
A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major airline, it is not the first carbon-focused greenwashing action.