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
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
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
1/29/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
First Amendment ,
Furloughs ,
Government Agencies ,
Layoffs ,
OMB ,
Regulatory Freeze ,
Reimbursements ,
Trump Administration
The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more
1/23/2025
/ Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Diversity and Inclusion Standards (D&I) ,
Energy Policy ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Oil & Gas ,
Regulatory Freeze ,
Regulatory Reform ,
Trump Administration ,
Water
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
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
12/24/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Citizen Suits ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Spokeo v Robins ,
Statutory Interpretation ,
TransUnion LLC v Ramirez
Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more
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
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
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
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
11/26/2024
/ Administrative Procedure Act ,
Audubon Society ,
Aviation Industry ,
CEQ ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Government Agencies ,
National Park Service ,
NEPA ,
Regulatory Agencies ,
Regulatory Authority ,
Separation of Powers ,
Statutory Authority
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
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
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
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
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
9/27/2024
/ Chevron Deference ,
Citizen Suits ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disclosure ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Environmental Violations ,
Exxon Mobil ,
Loper Bright Enterprises v Raimondo ,
NGOs ,
Public-Private Entities ,
RCRA ,
Securities and Exchange Commission (SEC)
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
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
9/12/2024
/ Administrative Interpretation ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Presidential Elections ,
Rulemaking Process ,
Sustainability
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
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
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
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
7/15/2024
/ Administrative Procedure Act ,
Alliance for Hippocratic Medicine v Food and Drug Administration ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Loper Bright Enterprises v Raimondo ,
Ohio v Environmental Protection Agency ,
Public Trust Doctrine ,
Regulatory Agenda ,
Sackett v EPA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
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
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
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
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Constitutional Challenges ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Statutory Interpretation ,
West Virginia v EPA