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Insights on Environmental

475 total results. Page 2 of 19.

News
Showalter Comments on New DOJ Lawsuits Challenging State-Level Climate Change Efforts
May 2, 2025
J. Michael Showalter

Partner J. Michael Showalter was quoted on the Trump Administration’s lawsuits testing the judiciary’s stance on federal interests in state affairs, particularly concerning state-led climate change initiatives.

Environmental Law Advisor
ESG Litigation Update: Environmental NGOs and Local Governments Target ‘Climate Deception’
May 2, 2025
Malerie Ma Roddy, Alex Garel-Frantzen, J. Michael Showalter

In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and fossil fuels effects.

Environmental Law Advisor
Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations
April 28, 2025
J. Michael Showalter, Samuel A. Rasche, Duncan M. Weinstein

On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the environmental context, the EO likely represents the functional end of some Biden Administration environmental justice (EJ) efforts.

Consumer Products Watch
Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations
April 24, 2025
Katia Asche, Lynn R. Fiorentino, Robert G. Edwards, Ph.D., Sharon O’Reilly

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available” when developing rules governing PFAS and other chemicals.

Consumer Products Watch
EPA Considering Rule That Could Eventually Preempt State Bans on PFAS
April 21, 2025
Thomas M. Crispi, Lynn R. Fiorentino, Katia Asche, Robert G. Edwards, Ph.D., Nardeen Billan

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain chemicals, including per- and polyfluoroalkyl substances (PFAS).

Energy & Cleantech Counsel
Six Questions Flowing From President Trump’s Recent Suite of Energy-Focused Actions
April 16, 2025
J. Michael Showalter, Samuel A. Rasche, Sarah A. W. Fitts, Joshua R. More

President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government.

Alerts
California Advances Bill to Ban Most PFAS Uses
April 10, 2025
Lynn R. Fiorentino, Katia Asche, Robert G. Edwards, Ph.D., Nardeen Billan

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have “essential uses” and without alternatives.

Alerts
Three Takeaways From $745 Million Louisiana Verdict Against Chevron for Coastal Wetland Damage
April 10, 2025
J. Michael Showalter, Duncan M. Weinstein

Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal Comprehensive Environmental Response, Compensation, and Liability Act, new legal theories and increased litigation from state and local governments heightens the potential for risk.

Events
National Academies Workshop: “Implications of Recent Supreme Court Decisions for Agency Decision-Making”
April 8, 2025
Elizabeth L. Horner

Government Relations Partner Elizabeth Horner will present on a panel titled “Drafting Legislation” in Washington, DC, on April 8, 2025, as part of a National Academies workshop.

Environmental Law Advisor
DOJ Plans Sweeping Reorganization of ENRD
April 7, 2025
Francis X. Lyons, Meera Gorjala

The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well as eliminating field offices.

The In-House Advisor
In-House Counsel Should Advise Their Companies to Assess the Political Risks of Their Business Decisions
April 4, 2025
J. Michael Showalter, Amy Antoniolli, Duncan M. Weinstein, Shepard Davidson

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders.

Events
BPIA 2025 Annual Meeting
April 2, 2025
Stanley H. Abramson

Stan Abramson will speak on the Legal Liability Panel at the Biological Products Industry Alliance’s (BPIA) 2025 Annual Meeting in Sacramento, California, on April 2, 2025. His work is focused on chemical, biological, and biotechnology products for agricultural, industrial, and consumer use.

Alerts
Five Key Topics for Beverage and Food Companies in 2025
March 24, 2025
Jay L. Halpern, Amal U. Dave, Emily B. Lewis, Lynn R. Fiorentino, Angela M. Santos, Berin S. Romagnolo, Robert G. Edwards, Ph.D., Maria Ortega Castro

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the strategies and growth plans of beverage and food companies.

Environmental Law Advisor
California Delays Extended Producer Responsibility Regulations for Plastic and Packaging: Three Takeaways
March 19, 2025
Lynn R. Fiorentino, Malerie Ma Roddy, R. Erica Roque, Alex Garel-Frantzen, Duncan M. Weinstein

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer responsibility (EPR) law.

Consumer Products Watch
Bans on PFAS in Cookware: Litigation and Legislative Challenges
March 17, 2025
Lynn R. Fiorentino, Katia Asche, Brianne E. Megahan, Robert G. Edwards, Ph.D.

On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However, the industry group continues to advocate for cookware exemptions with a track record of success across the nation.

Environmental Law Advisor
EPA Announces ‘Greatest Deregulation in History’
March 17, 2025
Samuel A. Rasche, Duncan M. Weinstein, J. Michael Showalter, Joshua R. More

The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin.

Environmental Law Advisor
Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies
March 13, 2025
J. Michael Showalter, Samuel A. Rasche, Duncan M. Weinstein

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds.

Environmental Law Advisor
A Divided SCOTUS Invalidates Common Provisions of Clean Water Act Permits
March 7, 2025
Daniel J. Deeb

In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements.

Alerts
Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture
March 6, 2025
Katie Heilman, Donald C. McLean, Rebecca W. Foreman, Karen Ellis Carr, Stanley H. Abramson

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental pronouncements have focused mainly on energy and climate initiatives, while some of the messaging challenging agricultural tools like pesticides have signaled a possible departure from the deregulatory approach of the prior Trump Administration.

Press Release
Six Named Top Authors by JD Supra 2025 Readers’ Choice Awards
March 4, 2025

ArentFox Schiff is pleased to announce that six thought leaders have been recognized by the 2025 JD Supra Readers’ Choice Awards, acknowledging the visibility and engagement their thought leadership has earned among readers during the past year.

The Fine Print
Going Green? Lessons From Lululemon’s Defense of a ‘Greenwashing’ Class Action
March 4, 2025
Anthony V. Lupo, Thorne Maginnis, Natasha Weis

For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they recently prevailed on a motion to dismiss.

Environmental Law Advisor
ESG Update: Texas Federal Court Cites Loper Bright in Upholding Biden-Era ESG 401(k) Investing Rule
March 4, 2025
J. Michael Showalter, Sarah L. Lode, Samuel A. Rasche

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.

Consumer Products Watch
US District Court to Examine Link Between PFAS and Cancer
February 24, 2025
Katia Asche, Thomas M. Crispi, Lynn R. Fiorentino, Brianne E. Megahan

Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”

Energy & Cleantech Counsel
Illinois Legislature Passes New Law on Electric Transmission Line Projects, Illinois’ First Battery Storage Procurement, and Prevailing Wage Requirements
February 20, 2025
Amy Antoniolli, Duncan M. Weinstein

Last month, the Illinois General Assembly passed a bill establishing prevailing wage requirements and tax incentives for high voltage transmission line and utility-scale battery storage projects.

Environmental Law Advisor
Trump Administration Outlines Plans for a ‘Golden Era’ of American Energy
February 20, 2025
J. Michael Showalter, Samuel A. Rasche, Sarah L. Lode

The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration, particularly by leaning into fostering the development of resources, including fossil fuels, nuclear, and hydroelectric power that provide reliable “baseload” supply. This comes as no surprise given President Trump’s promise to “drill, baby, drill” at the inauguration.

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