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EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

Justice Department Launches Actions to Advance Environmental Justice

Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more

Recent Developments in EJ Enforcement and Permitting

The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

The Biden-Harris Administration’s Environmental Justice Policy Agenda: What Companies Need to Know

In its first six months, the Biden Administration has taken tangible steps to advance environmental justice (EJ) across the federal government. The US Environmental Protection Agency (EPA) and Department of Justice (DOJ) have...more

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

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