The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more
Fifty years ago the Commonwealth of Virginia experienced a human health and environmental crisis when the insecticide Kepone was discovered in the blood of manufacturing workers and in the fish and sediment of the James River...more
Supplemental environmental projects (SEPs) provide one means of addressing environmental violations in alignment with the Biden Administration’s comprehensive environmental justice (EJ) strategy. SEPs were explicitly endorsed...more
There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more
The United States Department of Justice (“DOJ”) and Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) entered into an October 19th First Material Modification to the Consent Decree (“Modified Consent...more
In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more
On May 30, 2023, the Bureau of Ocean Energy Management (BOEM) announced its final environmental assessment (EA) of the effects of site characterization and site assessment activities associated with leasing federal waters in...more
We recently reported on the European Commission’s leaked draft regulations concerning the fair, reasonable and non-discriminatory (FRAND) licensing of standard essential patents (SEPs). Since the publication of that piece, we...more
In this article, the authors review the series of actions announced by Attorney General Merrick B. Garland and Environmental Protection Agency Administrator Michael Regan to advance environmental justice, including the launch...more
The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more
Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more
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...more
The U.S. Department of Justice (DOJ or the “Department”) made way for the return of supplemental environmental projects (SEPs) as a tool to settle violations of federal environmental laws while delivering environmental...more
Environmental justice is one of the hottest topics in the environmental world. The New Jersey Department of Environmental Protection (NJDEP) recently rolled out its long-awaited proposed environmental justice regulations,1...more
The Biden Administration and EPA continue to strengthen and expand the federal Environmental Justice (EJ) strategy as evidenced by the President’s April 2022 Equity Action Plan (Plan) and the United States DOJ’s May 2022...more
Settlement agreements regarding payments to non-governmental third parties were sharply curtailed by the Trump administration. A recent DOJ policy and rulemaking restores the authority for DOJ to enter into settlements...more
In conjunction with the Biden administration’s renewed focus on environmental justice efforts, the Environmental Protection Agency (EPA) is stepping up its enforcement efforts by increasing facility inspections, thereby...more
Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more
On May 5, 2022, Attorney General Merrick B. Garland, along with Environmental Protection Agency (EPA) Administrator Michael S. Regan, announced a series of initiatives intended to “secure environmental justice for all...more
The path to advancing environmental justice (EJ) just got a lot clearer, thanks to a new digital mapping tool created by the White House Council on Environmental Quality (CEQ). CEQ released a “beta” version of the Climate and...more
The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...more
In recent days, the U.S. Department of Justice (DOJ) has made a series of announcements aimed at addressing environmental justice concerns and enforcement practices. The actions taken by DOJ include the establishment of the...more
The Department of Justice (“DOJ”) is the latest executive branch agency to join the Biden-Harris Administration’s (“Administration”) efforts to address environmental justice concerns. On May 5, 2022, Attorney General Merrick...more
On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more
On May 5, 2022, the United States Department of Justice (USDOJ) announced a series of actions to inaugurate a comprehensive strategy aimed at enhancing environmental justice efforts. The announcement, and accompanying agency...more