Insights on Environmental

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.

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.

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.

“Joint and several” liability for environmental remediation costs is fundamental to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues.

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.

One might not expect that a climate-change case filed by a group of children could succeed.

ArentFox Schiff is pleased to announce that 130 attorneys have been recognized by The Best Lawyers in America 2024, with an additional four attorneys highlighted as “Lawyers of the Year” and 69 attorneys listed as “Ones to Watch.”

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court.

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.”

Generative artificial intelligence (AI) is transforming the way we live and work. At its core, AI is the ability of machines to think and learn without encoded commands, mimicking our own cognition.

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.

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.

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.

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.

Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable.

In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup.

Partner J. Michael Showalter was quoted on the US Supreme Court ruling in Haaland v. Brackeen, which upheld the Indian Child Welfare Act.

Partner J. Michael Showalter spoke with the Associated Press about the US Environmental Protection Agency’s (EPA) decision not to test its Title VI authority in a recent case involving a predominantly Black community exposed to toxic chemicals in Louisiana.

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.

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

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.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 24 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2023 edition of Chambers USA.

Partner J. Michael Showalter was quoted on the US Supreme Court’s ruling in Sackett v. EPA, highlighting the court’s recent rejection of the established “significant nexus” test, under which federal agencies could regulate wetlands that were ecologically connected to navigable waters.

Many major companies have announced a blueprint to minimize their carbon footprint. Some companies have gone so far as to proclaim that they will achieve “net zero” emissions in the near future. To accomplish their climate goals, many have turned to purchasing products called “carbon offset credits.