The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more
Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
California becomes first state to test drinking water for microplastics - San Francisco Chronicle – September 7 - On Wednesday, California became the first state to begin requiring water agencies to test for microplastics,...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
Southern California counties reach most intense drought category - Los Angeles Times – August 23 - As drought conditions continue to worsen throughout California, Ventura and other Southern California counties have...more
On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their...more
U.S. EPA drops challenge of Redwood City salt ponds' protection under Clean Water Act - SFGate – February 26 - The U.S. Environmental Protection Agency (EPA) last Friday withdrew an appeal filed by the Trump...more
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more
The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Air Committee (“CASAC”) has memorialized its disagreement with the a key recommendation of an EPA staff draft policy assessment for a Clean Air...more
Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more
A quick pop quiz. What do Newt Gingrich, Nancy Pelosi, Joe Barton, Henry Waxman, Jim Inhofe, Ed Markey, Jim Sensenbrenner, Chuck Schumer, and Fred Upton have in common? The answer is provided by the League of...more
Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more
NEW REGULATORY DEVELOPMENTS - Federal - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and Wildlife ...more
On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more