The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and...more
8/4/2025
/ Carbon Emissions ,
Climate Change ,
Compliance ,
Corporate Counsel ,
Due Diligence ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
International Court of Justice (ICJ) ,
Paris Agreement ,
Regulatory Requirements
Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more
4/11/2025
/ Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Environmental Litigation ,
Environmental Violations ,
Fossil Fuel ,
Greenwashing ,
Jury Awards ,
Liability ,
Oil & Gas ,
Regulatory Requirements ,
Risk Management ,
State and Local Government
Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders....more
4/7/2025
/ Anti-Money Laundering ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Government Agencies ,
International Trade ,
Regulatory Agenda ,
Risk Assessment ,
Risk Management ,
Shareholders ,
Terrorism Funding
On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Constitutional Challenges ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Statutory Interpretation ,
West Virginia v EPA
Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more
5/24/2024
/ Climate Change ,
Corporate Counsel ,
Denial of Certiorari ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
New York ,
Regulatory Agenda ,
SCOTUS ,
Sustainability ,
United Nations Convention on the Law of the Sea (UNCLOS)
Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since...more
A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more
3/5/2024
/ 401k ,
American Airlines ,
Breach of Duty ,
Corporate Counsel ,
Corporate Governance ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Dispute Resolution ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment Management ,
Motion to Dismiss ,
Proxy Voting ,
Risk Management ,
Shareholder Activism ,
Sustainability
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...more
1/4/2023
/ Air Pollution ,
Compliance ,
Corporate Counsel ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New York ,
Noise Control Ordinances ,
Permits ,
Pollution Control ,
SEQRA ,
Solid Waste
The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law. With that in mind, US Environmental Protection Agency (EPA) and other...more
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
7/7/2022
/ Administrative Procedure Act ,
Biden v Missouri ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Medicaid ,
Medicare ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS
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
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
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. Successive...more