Environmental Law Advisor
252 total results. Page 3 of 11.
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, 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
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.
J. Michael Showalter
The US Environmental Protection Agency defines "environmental justice" as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and polici
Daniel J. Deeb
Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand.
J. Michael Showalter
Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to federal EJ efforts.
Samuel A. Rasche, Daniel J. Deeb, J. Michael Showalter, Joshua R. More
In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over water-related issues from the federal government to the states.
Meera Gorjala, Alex Garel-Frantzen, J. Michael Showalter
Federalism — the allocation between federal and state governments — is at the heart of American constitutional law.
J. Michael Showalter, Daniel J. Deeb
Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues.
J. Michael Showalter, Samuel A. Rasche
The concept of administrative deference — i.e., that the courts should defer to relevant agencies' interpretations of ambiguous statutes they are tasked to administer — is a key component to the modern regulatory state.
J. Michael Showalter
The “Chevron doctrine,” meaning whether courts should defer to agency interpretations of ambiguous statutes they administer, has been viewed as a key underpinning of the modern regulatory state.
J. Michael Showalter
If you blink, there’s a good chance that you will miss a major development in the environmental justice (EJ) space.
J. Michael Showalter, David M. Loring
The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter.