Insights on Environmental

A recent European Court of Human Rights (ECHR) decision on the obligations of European states to study carbon-intensive permitting decisions crystallizes how global climate commitments may be beginning to harden into justiciable standards in some jurisdictions.

On his first day in office, President Trump declared a national energy emergency and instructed federal agencies to use emergency procedures to facilitate domestic energy production. On October 29, the US Army Corps of Engineers issued its first Clean Water Act Section 404 permit under the president’s energy emergency declaration and its emergency procedures.

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

The US Supreme Court has declined to review the Fifth Circuit’s decision in St. James Parish v. Inclusive Louisiana, leaving intact a unanimous ruling that environmental justice (EJ) organizations have standing to pursue a civil rights challenge to St. James Parish’s land-use practices in Louisiana’s industrial corridor.

The first nine months of the Trump Administration have seen extensive use of Executive Orders (EOs) to “deregulate” and otherwise rollback Biden-era environmental policies.

A proposed settlement in a Pennsylvania case and a citizen suit letter in South Carolina signal that discharging plastic into rivers and streams may trigger liability under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA). Manufacturers who use plastics in their products or processes should evaluate if any plastic releases exceed their current permit conditions.

Industrial property transfers are drawing renewed interest from both domestic and foreign investors. These assets can be attractive, but US environmental law imposes strict, often joint and several, liabilities that can create significant risk for buyers.

This year, the environmental agenda has focused on “deregulation” to promote industrial competitiveness, as well as a sharpened focus on energy generation and transmission to support economic growth.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had bounced between state and federal courts for much of the last decade.

On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding.

The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and community groups all pursuing different agendas.

Recently introduced bipartisan legislation aims to significantly streamline the environmental review process for recipients of federal assistance.

The Trump Administration has proposed implementing a broad range of regulatory changes in order to promote the development of artificial intelligence (AI) in the United States.

Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions.

On July 8, the US Supreme Court allowed President Trump’s executive order (EO) permitting Department of Government Efficiency (DOGE)-related planning efforts for the Trump Administration’s restructuring of the federal workforce to move forward.

The “One Big Beautiful Bill Act” — budget reconciliation bill signed into law on July 4 — and a new Executive Order (EO) have clarified that solar and wind generation.

For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver.

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits.

US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US Environmental Protection Administration (EPA) determinations can be filed.

The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an obstacle to a broad range of federal actions in areas ranging from energy permitting to agriculture.

Partner J. Michael Showalter discussed the growing impact of artificial intelligence (AI)- driven data centers on energy demand and emissions.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

“Energy security,” the principle that when you flip a light switch the lights will turn on, is something that most Americans take for granted. But the mechanics behind it incorporate both century-old transmission towers and the latest in renewable energy technology.

Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies removed content discussing climate change from websites.