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Three Environmental Trends Illustrated by Montana Kids’ Climate Decision

One might not expect that a climate-change case filed by a group of children could succeed. This week, a Montana state court decision in this summer’s hottest climate-focused case, Held v. State of Montana, finding in...more

Administrative Law Update: Status Update on Federal OMB’s Proposed Revisions to Circular A-4

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...more

ESG Update: The New ISSB Standards Focus on Financial Materiality

The International Sustainability Standards Board (ISSB) standards have joined the climate-disclosure reporting frameworks that take a financial materiality-led approach. While the ISSB standards seek to streamline reporting...more

EPA’s FY2024 Budget Request Emphasizes Continued Focus on Climate, Environmental Justice, and Infrastructure

Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more

ESG Litigation Update: Climate- and Carbon-Focused Litigation

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue....more

Ten Environmental and Energy Issues to Watch in 2023

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...more

Inflation Reduction Act Commits Significant Resources to Federal Environmental Justice Efforts

The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more

Five Administrative Law Takeaways From Recent Supreme Court Decisions

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more

Massachusetts Supreme Court Permits Climate Related Action by Massachusetts State AG to Move Forward

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...more

DOJ Returns to Using Supplemental Environmental Projects Including to Mitigate Harms to EJ Communities

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. While the strategy is comprehensive and involves many federal...more

Biden Administration Implements New Energy Efficiency Standards for Light Bulbs, Phasing Out Sale of Most Incandescent Bulbs by...

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...more

Fifth Circuit Permits Biden Administration to Resume Use of Social Cost of Carbon Measure

The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.” This metric is a key part of the Biden Administration’s efforts to address climate...more

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