Environmental Law Advisor

246 total results. Page 1 of 10.

J. Michael Showalter, Michael K. Molzberger, Samuel A. Rasche
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy.
Michael K. Molzberger, J. Michael Showalter
On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day.
J. Michael Showalter, Robert A.H. Middleton
Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition.
J. Michael Showalter, Michael K. Molzberger, Samuel A. Rasche
On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce.
J. Michael Showalter, Jill A. Steinberg, Stephen Blake, Shoshana Golden, Sarah L. Lode
A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,” i.e., when parties have been injured in a manner permitting them to sue.
David M. Loring, Jane E. Montgomery, Bina Joshi
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation.
J. Michael Showalter
ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism.
Katia Asche, Sharon O’Reilly, Robert G. Edwards, Ph.D., Thomas M. Crispi, J. Michael Showalter, Lynn R. Fiorentino, Matthew R. Mills
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever chemicals.”
J. Michael Showalter, Robert A.H. Middleton
Climate change decisions continue to heat up as we head into summer 2024.
Meera Gorjala, Daniel J. Deeb, Andrew N. Sawula, Robert G. Edwards, Ph.D.
On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and potential implications for PFAS remediation.
Sarah L. Lode, Joshua R. More, Andrew N. Sawula, Daniel J. Deeb
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25.
Francis X. Lyons, Devin Ross, J. Michael Showalter
Federal environmental enforcement can be civil, criminal, or both.
Meera Gorjala, Andrew N. Sawula, Bina Joshi
Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
J. Michael Showalter, Devin Ross
Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and legislation like “gas bans.”
Vyasa Babu, J. Michael Showalter
The sale of most compact florescent light bulbs (CFLs) is set to be phased out in 2028 under recent energy efficiency regulations finalized by the US Department of Energy (DOE).
J. Michael Showalter
While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions.
Meera Gorjala, Daniel J. Deeb
On April 10, the US Environmental Protection Agency (EPA) announced its final PFAS drinking water rule, setting new drinking water standards for six per- and polyfluoroalkyl substances (PFAS).
J. Michael Showalter, Samuel A. Rasche
Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?
Meera Gorjala, Joshua R. More
On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final Rule).
J. Michael Showalter, Amy Antoniolli, Vyasa Babu
A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to proceed into discovery.
Meera Gorjala, Joshua R. More
One of the recent efforts to promote the circular economy has included Extended Producer Responsibility (EPR) laws that give manufacturers responsibility for managing the waste associated with their products beyond the point of sale.
Robert A.H. Middleton, J. Michael Showalter
The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country.
J. Michael Showalter, Samuel A. Rasche
The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan.
Robert A.H. Middleton
On January 31, the US Environmental Protection Agency (EPA) issued two proposed rules to facilitate the targeting of PFAS.
J. Michael Showalter, Amy Antoniolli
As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates.