Environmental Law Advisor
231 total results. Page 5 of 10.
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.
Massachusetts Supreme Court Permits Climate Related Action by Massachusetts State AG to Move Forward
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.
J. Michael Showalter
The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty.
Daniel J. Deeb
On March 31, President Biden designated the production and processing of materials used in large-capacity batteries as essential to the national defense.
David M. Loring, Samuel A. Rasche
The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda.
J. Michael Showalter
Whether we like it or not, COVID-19 continues to pose challenges for everyone. One way to help mitigate the risk of contracting the virus is getting fresh air.
David M. Loring, Samuel A. Rasche
On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines.
Amy Antoniolli, Jane E. Montgomery
On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States.
J. Michael Showalter
The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.”
Sarah L. Lode, Daniel J. Deeb
On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California’s Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions for cars and establish a zero-emissions vehicle program.
Bina Joshi, Rachael A. Bryan
Last fall, we wrote about the EPA’s strategic roadmap regarding its goals for investigating, regulating, and remediating Per- and Polyfluroalkyl Substances (PFAS).
J. Michael Showalter, Samuel A. Rasche
New legislation often starts a cat-and-mouse game between the executive branch and regulated entities related to how statutory language is implemented. While we often write about environmental statutes, the procedural mechanisms governing how statutes may be implemented are generally similar.
J. Michael Showalter
The “major questions” doctrine is likely to substantially affect environmental law.
Daniel J. Deeb
Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year.
Francis X. Lyons, J. Michael Showalter
In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.”
Sarah L. Lode, Joshua R. More, J. Michael Showalter
Property management companies (PMC) need to pay attention to a recent change in the U.S. Environmental Protection Agency’s (EPA) enforcement discretion concerning liability from renovations that could encounter lead-based paint.
J. Michael Showalter, Helenka B. Mietka
The Biden Administration has indicated that the U.S Environmental Protection Agency (EPA) will include environmental justice issues among its priorities.
Joshua R. More
On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, the Agency’s review of applications for new pesticide active ingredients (AI) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) will uniformly incorporate analysis und