This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more
On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more
The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality. U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more
Part of EPA’s FY 2018-2022 Strategic Plan is an emphasis on cooperative federalism in the compliance and enforcement process, with the goal being that states authorized, delegated, or approved to implement federal...more
With apologies to Lefty Frizell, that is a terrible suggestion on how to fund environmental programs. But, we need to figure something out. As environmental lawyers, we spend a lot of effort discussing the substantive and...more