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Key Recent Developments In Environmental Justice Litigation

Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

Beyond the Fenceline: Environmental Justice Updates – December 2023

Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

Gas Stove Ban Update: Ninth Circuit Says "No" to City of Berkeley Ban on Gas Stoves

The gas stove wars continue to heat up. On April 17, 2023, the United States Court of Appeals for the Ninth Circuit took a stand and ruled that the City of Berkeley does not have the authority to prohibit connecting natural...more

The Gathering Storm Over Gas Stoves

Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more

EPA Addresses Environmental Justice and Civil Rights in Permitting

The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

EPA's Reconsideration of Ethylene Oxide Under the Clean Air Act - A Sign of Future Chemicals Policy to Come?

On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the...more

FTC Warns Health Apps and Connected Device Companies to Comply with the Health Breach Notification Rule

On September 15, 2021, the Federal Trade Commission (“FTC”) issued a Policy Statement instructing health app and connected device companies to comply with the Health Breach Notification Rule (“the Rule”). The Rule, codified...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

20 State Attorneys General Push Congress to Address Environmental Justice

Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

EPA’s Inspector General Recommends Review of Ethylene Oxide and Chloroprene Standards to Address Health Risks, Environmental...

On May 6, 2021, the U.S. Environmental Protection Agency’s (“EPA”) Office of Inspector General (“OIG”) published the results of an audit examining EPA’s response to updated cancer risk values for two chemicals: ethylene oxide...more

Energy Newsletter - August 2020

Environmental Tort Class Actions - In what has become a near legal certainty following plant explosions, train wrecks with chemical spills, and other large-scale accidents, plaintiffs often file suit and seek to certify...more

Environmental Tort Class Actions

In what has become a near legal certainty following plant explosions, train wrecks with chemical spills, and other large-scale accidents, plaintiffs often file suit and seek to certify personal injury and property damage...more

Return to Work: Answers for Pressing Environmental, Health & Safety Questions

Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities? A: Yes, COVID-19 has had a significant impact on companies’ environmental, health and safety obligations,...more

EPA’s Revised Rule for Ethylene Oxide ("EtO") Manufacturers

In a just-released air toxics rule for miscellaneous organic chemical manufacturing (“MON”) sources, the U.S. Environmental Protection Agency (“EPA”) retains its controversial risk value for ethylene oxide (“EtO”). In doing...more

Emerging Regulation, Enforcement, and Litigation Involving Ethylene Oxide, a Critical Substance for Sterilizing Medical Products...

Ethylene oxide (“EtO”), one of the most widely used and effective substances for sterilizing medical products and devices, has come under intense scrutiny by the Environmental Protection Agency (“EPA”), the Food and Drug...more

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