News & Analysis as of

Environmental Justice

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction

The United Stated Court of Appeals for the 9th Circuit (“9th Circuit”) in an August 28th Memorandum addressed a post-trial Motion subject to a Clean Water Act criminal enforcement trial. See U.S. v. Louie Sanft, 2024 W.L....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Petition to Object Filed Addressing Houston, Texas Refinery

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

Goldberg Segalla on

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

Holland & Knight LLP

Corte Constitucional de Colombia declara constitucional el Acuerdo de Escazú

Holland & Knight LLP on

Luego de la verificación del cumplimiento de los requisitos formales de validez de la ley que aprueba un tratado internacional, el 28 de agosto de 2024 la Corte Constitucional de Colombia ratificó por unanimidad el Acuerdo de...more

Gray Reed

How Much “Climate Justice” Do We Need … How Much Can We Stand?

Gray Reed on

How will you and I become extinct? The UN assures us that the weather will be unpleasant whenever it happens. The IPCC has predicted that global “warming”, “heating”, “baking” “broiling” and other Game of Thrones-worthy...more

Troutman Pepper

Battle Over Millions: North Carolina AG Fights to Keep Smithfield’s Environmental Funds From Schools

Troutman Pepper on

In a recent development, North Carolina Attorney General (AG) Josh Stein announced his intention to appeal a Wake County Superior Court decision regarding allocation of environmental grant funds from Smithfield Foods. The...more

Oberheiden P.C.

How to Handle an EPA Inspection: Tips for Success and Mistakes to Avoid

Oberheiden P.C. on

The United States Environmental Protection Agency (EPA) has long conducted inspections to assess the efficacy of companies’ environmental compliance programs. However, under the EPA’s Climate Enforcement and Compliance...more

Nelson Mullins Riley & Scarborough LLP

EPA Announces Initial Recipients for Historic Community Change Grants Program

The United States Environmental Protection Agency (EPA) has announced more than $325 million in funding for 21 projects aimed at addressing environmental and climate justice issues in disadvantaged communities. This funding...more

(ACOEL) | American College of Environmental...

The Time Is Overdue To Intentionally Align Environmental Justice And Sustainability

This blog posting is derived from an article I recently published in the University of Missouri, Kansas City Law Review at the invitation of our Fellow and friend Irma Russell, to whom I am indebted for much guidance and...more

Oliva Gibbs LLP

Environmental Justice Groups Challenge EPA’s Grant of Primacy to Louisiana for Class VI Injection Wells Relative to Carbon...

Oliva Gibbs LLP on

Several industries in the United States are expanding the use of injecting captured carbon dioxide (CO2) into deep underground wells (or geologic formations). The impetus of this carbon capture and sequestration (CCS)...more

King & Spalding

EJ Screen Updates

King & Spalding on

On May 15, EPA announced it was going to update to its EJScreen tool in June. According to EPA’s website, “EJScreen is EPA's environmental justice mapping and screening tool that provides EPA with a nationally consistent...more

King & Spalding

Interior, EPA, DOE Announce New Racial Justice Plans

King & Spalding on

The Interior Department, EPA and Department of Energy (DOE) announced updated equity plans in February 2024. The three updates respond to President Biden’s 2023 Executive Order and the Administration’s initiative to advance...more

King & Spalding

EJ in EPA Rulemaking

King & Spalding on

In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice. For instance, in conjunction with an April rule targeting greenhouse...more

King & Spalding

Louisiana Seeks Vacatur of EPA Regulations Imposing Disparate Impact Requirements; 23 States Petition EPA to Amend Title VI of the...

King & Spalding on

A hallmark of the Biden Administration’s approach to environmental justice has been using preexisting authorities to advance its agenda, none more so than Title VI of the Civil Rights Act. That approach now faces several...more

Jones Day

European Court of Human Rights: Landmark Ruling Deems Climate Inaction Amounts to a Violation of Human Rights

Jones Day on

On April 9, 2024, the European Court of Human Rights (the "Court" or "ECtHR") delivered three highly anticipated and significant judgments on the application of the European Convention on Human Rights (the "ECHR"). This...more

Verrill

Massachusetts Provides Extra Protection to Environmental Justice Communities from Air Pollution

Verrill on

In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more

King & Spalding

National Environmental Policy Act Implementing Regulations Revisions Phase 2

King & Spalding on

The White House's Council on Environmental Quality (“CEQ”) recently finalized its “Phase 2” rule, which revises CEQ’s National Environmental Policy Act (“NEPA”) regulations. The rule aims to accelerate NEPA project review by...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

Nossaman LLP on

This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

Nossaman LLP on

This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Vinson & Elkins LLP

The New NEPA Regulations: What You Need to Know About the “Significant Effects” the Final Phase 2 Rule Could Have on Permitting...

Vinson & Elkins LLP on

On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more

Davis Wright Tremaine LLP

FERC Expands Transmission Siting Authority in National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest...more

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

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