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  1. Services
  2. Citizen Suits & Environmental Activism

Insights on Citizen Suits & Environmental Activism

24 total results. Page 1 of 1.

Environmental Law Advisor
Two Reasons Why Environmental Citizen Suits Pose Increasing Risk to Businesses
September 26, 2024
J. Michael Showalter, Bradley S. Rochlen

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

News
What NJ's Green Remediation Guidance Means For Cleanups
November 20, 2023
J. Michael Showalter, Bradley S. Rochlen

Costs to clean up environmentally affected real estate have continued to increase.

Environmental Law Advisor
Environmental Justice Update: New York Becomes Second State to Require EJ-Focused Cumulative Impact Analysis
January 3, 2023
J. Michael Showalter, Bradley S. Rochlen

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.

Events
EPA Information Requests: Tips for Efficiently Responding and Avoiding Pitfalls
December 14, 2022
Andrew N. Sawula, Samuel A. Rasche

Partner Andy Sawula and Associate Sam Rasche discuss how to respond to EPA Information Requests.

News
Showalter Quoted on Citizen Suits in Environmental Cases
November 18, 2022
J. Michael Showalter

Partner J. Michael Showalter was quoted on the citizen suit, currently under appeal in the Fifth Circuit, brought against Exxon Mobil.

Events
Defending Against Citizen Suits Under Environmental Laws: Notice, Standing, Jurisdiction, Settlements, and More Under RCRA, CERCLA, CWA, and CAA
October 4, 2022
J. Michael Showalter

Michael Showalter and his co-host will lead a panel discussion on citizen suits under environmental laws, on October 4, 2022.

Environmental Law Advisor
Key Supreme Court Cases to Watch in Administrative and Environmental Law
October 3, 2022
J. Michael Showalter, Sarah L. Lode, Samuel A. Rasche

The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean Water Act; standing and the appropriateness of executive action.

Environmental Law Advisor
Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues
September 12, 2022
J. Michael Showalter, Sarah L. Lode

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a petroleum company which had been found liable for “thousands.”

Environmental Law Advisor
EPA Releases Interim FAQs Addressing How Environmental Justice Issues Could Impact Permitting
September 6, 2022
J. Michael Showalter, Daniel J. Deeb

The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law.

Environmental Law Advisor
Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement
July 28, 2022
J. Michael Showalter

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

Environmental Law Advisor
Interim SEP Rulemaking To Reinstate SEPS Facing Opposition From Chamber of Commerce, GOP
July 18, 2022
Francis X. Lyons

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

Press Release
Schiff Awarded 39 Top “Best Law Firms” Rankings for 2022
November 4, 2021

Schiff Hardin LLP has received 39 top-tier rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” nationally recognizing the firm’s premier practices.

Press Release
Diederich Named to Civil Rights’ Advocates Board of Directors
March 29, 2021

Schiff Hardin LLP is pleased to announce that Partner Adam Diederich has been named to the board of directors of the Chicago Lawyers’ Committee for Civil Rights, a group of civil rights lawyers and advocates committed to securing racial equity and economic opportunity for all through pro bono legal representation.

News
Lyons Quoted on DOJ Push Against Citizen Suit Side Deals
July 14, 2020

Law360

News
Showalter Quoted on Federal Court Test of Toxic Substances Act and NGO Influence
June 5, 2020
J. Michael Showalter

Partner J. Michael Showalter was quoted on a California federal court case that will test the influence of citizen and non-governmental organizations under the Toxic Substances Control Act (TSCA). The citizen suit provision aims to force the U.S. Environmental Protection Agency (EPA to regulate chem

News
Lyons Quoted on DOJ Policy Extending Civil Penalty Payment Deadlines
April 16, 2020

The Hill

News
Lyons Quoted on DOJ Review of SEP Use in Citizen Suit Settlements
March 27, 2020

Law360

News
Lyons Quoted on DOJ Memo Ending EPA Practice of SEPs
March 16, 2020

The Hill

News
Lyons Quoted on DOJ Decision to End Use of SEPs
March 13, 2020

Bloomberg Environment

News
Lyons Quoted on DOJ Elimination of SEPs
March 13, 2020

E&E News Greenwire

News
Environmental Regulatory Rollbacks Are No Time for Utilities to Relax
August 15, 2018
J. Michael Showalter

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

Environmental Law Advisor
Fourth Circuit Decision Illustrates Growing Environmental NGO Involvement in Policymaking
July 11, 2018
J. Michael Showalter

As citizen scientists and environmental non-governmental organizations (NGOs) have stepped up to fill what they have called an enforcement gap since President Trump took office, the NGO playbook has become more complex and creative than perhaps ever before.

Environmental Law Advisor
Recent RCRA Ruling Offers Insight on Applying Spokeo to Environmental Citizen Suits
April 3, 2018
J. Michael Showalter

“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.

News
Three Strategies for Manufacturers to Address Escalating Citizen Science
February 14, 2018

Citizen science groups are eager to fill in what they see as gaps in EPA regulation and enforcement.

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