For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more
Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more
For decades, regulators have tried to quantify harm related to emissions, including the “social cost of carbon” (SCC), but that approach has now changed. The Trump Administration recently released a memorandum seeking to...more
On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more
The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin....more
The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more
1/23/2025
/ Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Diversity and Inclusion Standards (D&I) ,
Energy Policy ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Oil & Gas ,
Regulatory Freeze ,
Regulatory Reform ,
Trump Administration ,
Water
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
12/24/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Citizen Suits ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Spokeo v Robins ,
Statutory Interpretation ,
TransUnion LLC v Ramirez
In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more
11/26/2024
/ Administrative Procedure Act ,
Audubon Society ,
Aviation Industry ,
CEQ ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Government Agencies ,
National Park Service ,
NEPA ,
Regulatory Agencies ,
Regulatory Authority ,
Separation of Powers ,
Statutory Authority
Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in...more
Environmental regulations targeting potential impacts of warehousing facilities continue to be in the spotlight.
On September 29, California Governor Gavin Newsom signed AB 98 into law, imposing new siting restrictions and...more
Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more
9/12/2024
/ Administrative Interpretation ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Presidential Elections ,
Rulemaking Process ,
Sustainability
Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
7/15/2024
/ Administrative Procedure Act ,
Alliance for Hippocratic Medicine v Food and Drug Administration ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Loper Bright Enterprises v Raimondo ,
Ohio v Environmental Protection Agency ,
Public Trust Doctrine ,
Regulatory Agenda ,
Sackett v EPA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more
The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan....more
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more
2/7/2024
/ Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Warehouses
Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more
12/7/2023
/ Biden Administration ,
Clean Energy ,
Clean Water Act ,
Climate Change ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Legislative Agendas ,
Loan Forgiveness ,
PFAS ,
Pollution Control ,
Regulatory Agenda ,
Sackett v EPA ,
State Constitutions ,
Student Loans
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...more
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...more
8/25/2023
/ Biden Administration ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Regulatory Agenda ,
Regulatory Reform ,
Sustainability
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
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...more
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...more
1/20/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Environmental Justice ,
Environmental Policies ,
NEPA ,
New Guidance ,
New Regulations ,
NGOs ,
Superfund
Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies. For many businesses, including those that devote considerable resources to meeting...more
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
12/15/2022
/ CERCLA ,
Clean Water Act ,
Climate Change ,
Dodd-Frank ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Inflation Reduction Act (IRA) ,
NGOs ,
PFAS ,
Popular ,
Sackett ,
SCOTUS ,
Securities and Exchange Commission (SEC)
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...more
12/12/2022
/ Compliance ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Greenwashing ,
NGOs ,
Petrochemicals ,
Plastics ,
Sustainability ,
Transparency