On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more
4/21/2025
/ Conservation ,
Endangered Species Act (ESA) ,
Environmental Policies ,
National Marine Fisheries Service ,
Property Owners ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Statutory Interpretation ,
US Fish and Wildlife Service
This year’s Earth Day theme is “Planet versus Plastics.” When most people think of plastic pollution, their minds likely conjure up an image of single-use plastics—such as grocery bags, beverage container rings, or discarded...more
On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more
The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more
9/14/2023
/ Amended Rules ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rapanos v US ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Council on Environmental Quality recently published the “Bipartisan Permitting Reform Implementation Rule,” the second in a two-phase approach to revising National Environmental Policy Act (NEPA) implementation...more
On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances.
“Major sources” (i.e....more
On June 8, 2023, the Council on Environmental Quality, on behalf of the Ocean Policy Committee (OPC), published a Federal Register request for information seeking public input on the development of a new “Ocean Justice...more
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Coal-Fired Plants ,
Electric Generation Suppliers ,
Energy Reform ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Power Plants ,
Proposed Rules
On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an...more
5/12/2023
/ Alabama ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discrimination ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Federal Funding ,
Investigations ,
Public Health ,
Sanitation ,
Title VI
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/11/2023
/ Affordable Clean Energy (ACE) Rule ,
Carbon Capture and Sequestration ,
Climate Change ,
Coal ,
Electricity ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Power Plants
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
Capping off Earth Week 2023, President Biden on Friday signed an executive order expanding the Administration’s Justice40 Initiative and creating a new White House Office of Environmental Justice....more
On February 14, 2023, the Maine Department of Environmental Protection (MDEP) issued a proposed draft rule that provides guidance on reporting requirements and sales prohibitions for products and product components containing...more
Developing a Proactive and Strategic Game Plan -
Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more
2/20/2023
/ CERCLA ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
PFAS ,
Popular ,
Regulatory Standards ,
Retailers ,
Safer Consumer Product Regulations ,
State and Local Government ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more