Perspectives on Environmental

FM Global

Public discussion of environmental law predictably focuses on the physical environment, including newspaper articles replete with references to climate change, lead in drinking water, recycling, or stories about individual species of endangered animals such as dusky gopher frogs.

The U.S. Supreme Court signaled that it remains concerned with the issue of administrative deference following its grant of certiorari last week to hear Kisor v. O’Rourke specific to the issue of whether the Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co.

The Trump Administration revealed the new and long-awaited “waters of the United States” or “WOTUS” rule last week, which is designed to clear confusion on one of the most hotly debated topics in environmental law today – the scope of federal jurisdiction under the Clean Water Act (CWA).

Going paperless is generally seen as a cost-savings initiative.

As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your business strategy on the horizon.

As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your plants or business strategy on the horizon.

The U.S. Environmental Protection Agency (EPA) recently proposed a revised policy to clarify what constitutes “ambient air” under the Clean Air Act, which will directly affect what areas stationary sources of air emissions must model to determine the effect of their facilities on air quality.

Partner David Loring was quoted on the U.S. Environmental Protection Agency’s (EPA) recent reconsideration and approval of an EPA 2009 final action.

Last week, the U.S. Environmental Protection Agency (EPA) completed its reconsideration of a January 2009 final action on “project aggregation.”

Late last week, the Supreme Court lifted the stay on Juliana v. United States, a closely watched federal case that could create an unprecedented link between the government’s environmental policy and constitutional rights, if it proceeds to trial.

Twenty-two months into the Trump Administration and a trend has become abundantly clear: courts are profoundly skeptical of the Trump Administration’s use of executive orders to undo or undercut regulations.

Schiff Hardin announced today that the firm has received 40 top-tier rankings and national recognition for its premier practices in the 2019 edition of U.S. News – Best Lawyers® “Best Law Firms.”

In a key decision earlier this month with potentially hefty ongoing implications for developers and property owners, the U.S. Court of Appeals for the Third Circuit held a chemical company liable for nearly $1 million in pre-acquisition cleanup costs.

Much has been written about the problem of the stagnating electricity market due to a combination of falling demand, widespread energy efficiency initiatives, lower electricity costs, and aging infrastructure.

Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment.

Partner David Loring was quoted on the rollback of restrictions on gas wells’ venting and flaring on federal and tribal lands as a sign that the Trump Administration may intend to shift the responsibility of regulating methane emissions.

Streamlining environmental reviews and permitting for infrastructure projects is a major objective of United States President Donald Trump.

Last Thursday, the South Carolina District Court reinstated the Obama-era definition of “waters of the United States” (WOTUS) in roughly half the country, furthering the ambiguity in the never-ending saga over how to define WOTUS under the Clean Water Act.

The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP).

Continuing reductions in environmental regulations across the power industry may seem like a good time for the C-suite to direct energy and attention towards other key priorities, but there is another force steadily working to tug reform back over the line — highly organized and increasingly strateg

Administrative deference is a fundamental tenet of environmental law. A recent decision in Los Angeles Waterkeeper v. Pruitt, however, provides an important reminder that agency deference is bound by the four corners of the underlying statute.

The Trump Administration rolled out its anticipated rules on fuel efficiency and emissions standards for model years 2021-2026 last week.

Partner Sarah Fitts was quoted on the anticipated legal battle likely to follow the Trump Administration’s announced plan to roll back greenhouse gas (GHG) vehicle emissions standards and prevent states, California in particular, from setting their own requirements on GHG regulations.

Last week, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit unanimously rejected challenges by environmental and industry groups to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) cooling water intake structure permit rule (Rule)