Environmental Law Advisor

Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as they are used and challenged in state courts.

On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud.

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy.

On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day.

Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition.

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce.

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,” i.e., when parties have been injured in a manner permitting them to sue.

On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation.

ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism.

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever chemicals.”

Climate change decisions continue to heat up as we head into summer 2024.

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and potential implications for PFAS remediation.

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25.

Federal environmental enforcement can be civil, criminal, or both.

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and legislation like “gas bans.”

The sale of most compact florescent light bulbs (CFLs) is set to be phased out in 2028 under recent energy efficiency regulations finalized by the US Department of Energy (DOE).

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions.

On April 10, the US Environmental Protection Agency (EPA) announced its final PFAS drinking water rule, setting new drinking water standards for six per- and polyfluoroalkyl substances (PFAS).

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?

On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final Rule).

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to proceed into discovery.

The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country.

One of the recent efforts to promote the circular economy has included Extended Producer Responsibility (EPR) laws that give manufacturers responsibility for managing the waste associated with their products beyond the point of sale.

The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan.