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American Comeback Initiative’

On February 4, new US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced EPA’s “Powering the Great American Comeback Initiative,” which is intended to achieve EPA’s mission “while emerging the greatness...more

ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more

Court Halts Trump Administration Order Pausing Government Grants (For Now)

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge...more

Four Takeaways From New York’s New ‘Climate Superfund’ Law

State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more

Three Takeaways From the Montana Supreme Court Decision Guaranteeing a Right to a Stable Climate

Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more

Why the Congressional Review Act May Play a Major Role in Early Weeks of the Trump Administration

There is significant potential that the Congressional Review Act (CRA) will play a prominent role in the early weeks of the Trump Administration. Below, we will break down what the CRA is, when it applies, and how it may be...more

EPA Enacts Bans on Two Common Chemical Solvents

As the Biden Administration comes to a close, the US Environmental Protection Agency (EPA) has banned two commonly used chemicals under the 2016 Lautenberg Amendments to the Toxic Substances Control Act (TSCA)....more

Environmental Justice Update: EPA Issues Draft Cumulative Impacts Framework

The Biden Administration has put environmental justice (EJ) issues at the forefront of its policy agenda for nearly four years. More comprehensive guidance on how policymakers should evaluate “cumulative impacts” has been a...more

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business

While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more

Why the Focus on Environmental Justice Has Shifted to the States

Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in...more

California Enacts New Law Imposing Additional Restrictions on Warehouses

Environmental regulations targeting potential impacts of warehousing facilities continue to be in the spotlight. On September 29, California Governor Gavin Newsom signed AB 98 into law, imposing new siting restrictions and...more

ESG Update: Congress Questions Whether ESG-Related Coalitions Violate Antitrust Laws

Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more

Two Reasons Why Environmental Citizen Suits Pose Increasing Risk to Businesses

Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more

EPA Approves South Coast Air Quality Management District’s Warehouse Indirect Source Rule

On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more

ESG Update: Five Considerations Driving Environmental Regulation (No Matter Who Wins the Election)

Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more

Manufacturers Fight Back on PFAS Litigation

Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more

Appellate Ruling Affirms Dismissal of NY Private ‘Green Amendment’ Claims

Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as...more

New DOE Guidelines Help Define ‘Zero Emissions Building’

With terms like “net zero” and “carbon positive” proliferating in marketing jargon across industries, the US Department of Energy (DOE) has recently stepped in to clarify what constitutes a “zero emissions” building....more

SCOTUS Update: Corner Post Decision Upends Concept of Administrative Finality and Expands Timeframe for Administrative Challenges

On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day....more

ESG Update: Hawaii State Agency Settles Youth Climate Case

Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition. Less common are governmental commitments to take concrete steps to address climate...more

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

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