News & Analysis as of

Environmental Justice Permits

Beveridge & Diamond PC

What’s a Company to Do?—State-Federal Conflict on EJ

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Key Takeaways - Despite the Trump administration’s elimination of federal environmental justice (EJ) programs, states are reaffirming their commitment to EJ and pushing forward new EJ programs and policies....more

Morgan Lewis

Environmental Regulation Under the New Administration: Key Shifts and Implications for Industry

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The first few months of the new US administration have brought sweeping changes to the country’s environmental regulatory landscape. Through a spate of executive orders, agency directives, and staffing restructurings, the...more

Offit Kurman

NYDEC Announces New Environmental Justice Requirements under SEQRA and UPA

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Continuing its growing initiatives to protect environmental justice communities, the New York Department of Environmental Conservation (“NYDEC”) recently announced the release of proposed amendments to its State Environmental...more

Alston & Bird

CEQ Scraps NEPA Regulations, Paves Way for Shake-Up in Environmental Law

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Our Environment, Land Use & Natural Resources Group breaks down the Interim Final Rule and guidance issued by the White House Council on Environmental Quality (CEQ) on February 19, 2025....more

Morris James LLP

An Endangered Species: Delaware environmental policy and permitting

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State environmental policy will impact Delawareans’ quality of life and the state’s ability to attract and retain high quality jobs for years to come. Existing businesses as well as new ones rely on a rational environmental...more

Beveridge & Diamond PC

Massachusetts Enacts New Climate Law to Promote Clean Energy

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Following climate laws passed in 2021 and 2022, Massachusetts has again enacted a new piece of climate-focused legislation. On November 21, 2024, Governor Maura Healey signed into law “An Act Promoting a Clean Energy Grid,...more

Jenner & Block

Client Alert: Key Energy and Environmental Takeaways from Trump’s Early Executive Orders

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In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Petition to Object Filed Addressing Scotia, California Biomass Facility

The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Petition to Object Filed Addressing Houston, Texas Refinery

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

Goldberg Segalla

New NEPA Rule Eases Permitting Process while Advancing Environmental Justice

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On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the...more

Foley Hoag LLP - Environmental Law

Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations

Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts...more

Mayer Brown

State of Louisiana Granted Primacy Over Class VI Wells

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Executive Summary - The State of Louisiana recently achieved a significant milestone in the regulation of the carbon capture and sequestration (CCS) industry by obtaining primary enforcement authority (primacy) over Class...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control/Class II-D: Three Rivers Waterkeeper U.S. EPA Environmental Appeals Board Challenge to Allegheny...

Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: Petition for Review by Protect...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...more

K&L Gates LLP

Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

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The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September...more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

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As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

Kilpatrick

Is the Giant Going Back to Bed? EPA’s Potential Retreat on “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964

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In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more

Stinson LLP

Minnesota Proposes Environmental Justice Standards for Air Permits

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In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more

Williams Mullen

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

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Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

King & Spalding

Environmental Justice in Air Permitting

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EPA’s Office of Air and Radiation (“OAR”) recently issued eight Principles for Addressing Environmental Justice Concerns in Air Permitting (“Principles”) for the consideration of environmental justice in Clean Air Act (“CAA”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V Objection/Clean Air Act: Environmental Organizations Petition to Object Addressing Five Alabama Department of...

Five environmental organizations filed a Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the issuance of Title V Renewal Permits (“Permits”) for the...more

ArentFox Schiff

Environmental Justice Update: EPA Air Office Releases EJ Guidance for Air Permitting

ArentFox Schiff on

How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of...more

Foley Hoag LLP - Environmental Law

MassDEP Proposes Cumulative Impact Analysis Regulations — It’s About to Get Interesting.

After more than a year of work, MassDEP has proposed regulations that would require applicants to perform cumulative impact analysis prior to issuance of certain air emissions permits.  The regulations were required by the...more

ArentFox Schiff

Environmental Justice Update: New York Becomes Second State to Require EJ-Focused Cumulative Impact Analysis

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On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more

ArentFox Schiff

Environmental Justice Update: Five End-of-Year Lessons from EPA's 2022 Efforts

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The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver...more

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