Insights on Environmental

ArentFox Schiff is pleased to announce the addition of Partner Elizabeth L. Horner to its Government Relations practice in the firm’s Washington, DC, office. Elizabeth previously worked on the US Senate Committee on Environment and Public Works (EPW), where she served as Chief Counsel under Ranking Member Shelley Moore Capito (R-WV) and Senior Counsel under Chairman John Barrasso, M.D. (R-WY).

The Biden Administration has put environmental justice (EJ) issues at the forefront of its policy agenda for nearly four years. More comprehensive guidance on how policymakers should evaluate “cumulative impacts” has been a long-promised part of these EJ efforts.

Michael Showalter and Bradley Rochlen will lead a webinar hosted by the Washington Legal Foundation on December 12, 2024.

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

Michael Showalter will join a panel at the Air & Waste Management Association’s Environmental Justice: Policy, Practice, and Progress Conference on December 4, 2024.

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may perpetuate judicial efforts to reshape administrative law.

Environmental regulations targeting potential impacts of warehousing facilities continue to be in the spotlight.

Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in advancing EJ issues has waned, if not disappeared.

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb emissions.

Environmental Partner David M. Loring will serve as co-chair at the A&WMA’s 2024 Annual Air Conference in Oakbrook Terrace, IL, on October 15.

Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws.

On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD) Warehouse Indirect Source Rule (ISR).

Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated.

The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to its own reporting software issues.

Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

ArentFox Schiff advised Wintrust Financial Corporation (Nasdaq: WTFC) on its merger with Macatawa Bank Corporation. On August 1, the parties jointly announced the completion of their previously announced merger whereby Wintrust acquired Macatawa in an all-stock transaction.

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.

Join ArentFox Schiff Partners, Bina Joshi and David Loring, as they discuss key takeaways from the “Safe CCS Act” and what it means for the future of carbon dioxide capture, transportation, and sequestration in Illinois.

With terms like “net zero” and “carbon positive” proliferating in marketing jargon across industries, the US Department of Energy (DOE) has recently stepped in to clarify what constitutes a “zero emissions” building.

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.

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen sits down with Thomas Boylan, regulatory director at Zero Emission Transportation Association (ZETA), to discuss the importance and benefits of transitioning to electric vehicles (EVs), specifically electric school buses, for public health, climate, and economic advantages.

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.