Environmental Law Advisor

148 total results. Page 1 of 6.

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.
J. Michael Showalter
Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators.
J. Michael Showalter, Samuel A. Rasche
Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws.
Francis X. Lyons
While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of Commerce, Republican lawmakers, and Republican state Attorney’s General have fil
Jane E. Montgomery, David M. Loring, J. Michael Showalter
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA).
J. Michael Showalter, Samuel A. Rasche
The concept of “administrative deference” is a key component to the modern regulatory state. An important aspect of administrative deference is the “Chevron doctrine,” i.e. the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes.
Daniel J. Deeb, Sara A. McQuillen
Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS).
J. Michael Showalter
The US Environmental Protection Agency’s (EPA) Office of Environmental Justice (OEJ) and External Civil Rights Compliance Office issued draft guidance (Draft Guidance) on June 2, 2022.
Jon K. Jurva, Amy Antoniolli
Many investment funds, advisors, and companies have been working to incorporate environmental, social, and governance (ESG) factors into their investment practices, but the US Securities and Exchange Commission (SEC) has proposed new disclosure and reporting requirements.
J. Michael Showalter
A California appellate court recently concluded that the bumble bee is a “fish,” at least for the purposes of certain provisions in the California Endangered Species Act (Cal. ESA). Because bumble bees are “fish,” they can be subject to the Cal. ESA.
Amy Antoniolli, J. Michael Showalter
Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed over Exxon’s objections.
Sarah L. Lode, Francis X. Lyons, J. Michael Showalter
On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration.
J. Michael Showalter, Daniel J. Deeb
The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration.
Andrew N. Sawula, Sarah L. Lode
The US Environmental Protection Agency (EPA) has published a draft white paper discussing control techniques and other measures that could reduce greenhouse gas (GHG) emissions from combustion turbines and, by extension, from the power sector.
J. Michael Showalter
The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer.
Rachael A. Bryan, Samuel A. Rasche, J. Michael Showalter
The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set forth under the federal Administrative Procedure Act (APA).
J. Michael Showalter, James D. Cromley
Environmental justice has been at the forefront of the Biden Administration’s priorities for the US Environmental Protection Agency (EPA).
Sarah L. Lode, Daniel J. Deeb
The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil and fossil fuels.