In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more
5/22/2024
/ BOEM ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Infrastructure ,
Marine Mammal Protection Act (MMPA) ,
National Marine Fisheries Service ,
Offshore Wind ,
Renewable Energy ,
Wind Power
The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more
In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more
10/25/2023
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Diesel Fuel ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Maritime Transport ,
National Emissions Standards ,
OIG ,
Pollution Control ,
Ports ,
Regulatory Oversight ,
Shipping ,
Vessels
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more
4/12/2022
/ Certification Requirements ,
Clean Water Act ,
Delays ,
Energy Projects ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Judgment on the Merits ,
Louisiana et al v American Rivers et al ,
Pipelines ,
SCOTUS ,
Section 401 ,
Stays ,
Trump Administration
At his confirmation hearing earlier this year, Attorney General Merrick Garland identified the policing of corporate crime and enforcement as a key priority of the Biden administration. In an address at the ABA’s recent...more
The Environmental Protection Agency (EPA) has announced the scheduled termination of its controversial Enforcement Discretion Policy (Policy). In a memorandum dated June 29, 2020 (Memorandum), Susan Bodine, the Assistant...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more