Environmental Law Advisor

An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the completion of its review of an EPA proposal to designate two PFAS as hazardous.

Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the RCRA citizen suit provisions, has essentially ended with a Maine district court’s entry of a consent decree.

US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The bump in spending would be off-set by corporate tax changes.

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators.

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws.

While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of Commerce, Republican lawmakers, and Republican state Attorney’s General have fil

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA).

The concept of “administrative deference” is a key component to the modern regulatory state. An important aspect of administrative deference is the “Chevron doctrine,” i.e. the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes.

Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS).

The US Environmental Protection Agency’s (EPA) Office of Environmental Justice (OEJ) and External Civil Rights Compliance Office issued draft guidance (Draft Guidance) on June 2, 2022.

Many investment funds, advisors, and companies have been working to incorporate environmental, social, and governance (ESG) factors into their investment practices, but the US Securities and Exchange Commission (SEC) has proposed new disclosure and reporting requirements.

A California appellate court recently concluded that the bumble bee is a “fish,” at least for the purposes of certain provisions in the California Endangered Species Act (Cal. ESA). Because bumble bees are “fish,” they can be subject to the Cal. ESA.

Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed over Exxon’s objections.

On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration.

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration.

The US Environmental Protection Agency (EPA) has published a draft white paper discussing control techniques and other measures that could reduce greenhouse gas (GHG) emissions from combustion turbines and, by extension, from the power sector.

The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer.

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set forth under the federal Administrative Procedure Act (APA).

Environmental justice has been at the forefront of the Biden Administration’s priorities for the US Environmental Protection Agency (EPA).

The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil and fossil fuels.

The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty.

On March 31, President Biden designated the production and processing of materials used in large-capacity batteries as essential to the national defense.

The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda.

Whether we like it or not, COVID-19 continues to pose challenges for everyone. One way to help mitigate the risk of contracting the virus is getting fresh air.

On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines.