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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

SEC Climate Disclosure Rule

The Securities and Exchange Commission today adopted a slimmed-down final version of its rule to enhance and standardize climate-related disclosures by public companies and in public offerings. The vote to adopt the rule,...more

Making Green Claims? Keep in Mind New State Laws

As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more

NEPA Amendments: Highlights and Practical Implications

The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining...more

Sackett v. EPA: What's Next for Clean Water Act Jurisdiction?

Clean Water Act practitioners have spent the past 50 years learning how to identify a wetland or water body that qualifies for federal jurisdiction—and the past 17 parsing the phrase "significant nexus." The upshot was that...more

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

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