Insights on Environmental

Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA).

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly “not final” actions by the executive branch and litigation.

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. 

How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

Partner J. Michael Showalter was quoted on the one of the biggest environmental policy developments of 2022, the Inflation Reduction Act (IRA).

Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.

The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes to the Guides since 2012.

The first two years of the Biden administration have resulted in a seismic shift in terminology in the environmental space.

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics.

Partner Andy Sawula and Associate Sam Rasche discuss how to respond to EPA Information Requests.

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.

The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities.

The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, and civil-rights investigations.

Partner J. Michael Showalter was quoted on the citizen suit, currently under appeal in the Fifth Circuit, brought against Exxon Mobil.

Prop 65 Counsel: What To Know

Securing environmental permits is often big part of operating a business. How the U.S. Environmental Protection Agency’s recent focus on environmental justice issues might affect that permitting remains something of an open question.

“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer, has been viewed as a key underpinning.

The Biden Administration is using a comprehensive set of tools to stick closely to campaign promises around — and the public demand for — climate action.

Partner Mike Showalter will present “Understanding Environmental Justice: Guidance for Regulated Facilities” hosted by REGFORM on December 6, 2022.

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”

A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections.

Securing environmental permits is often big part of operating a business. How the US Environmental Protection Agency’s (EPA) recent focus on environmental justice (EJ) issues might affect that permitting remains something of an open question.

In a recent US EPA letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use the “whole of government” to address what it believes are long-standing civil concerns.

As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward seeing EJ-focused changes occurring in EPA’s efforts.