On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more
A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...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
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
The sale of most compact florescent light bulbs (CFLs) is set to be phased out in 2028 under recent energy efficiency regulations finalized by the US Department of Energy (DOE).
The new energy efficiency standards for...more
Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?
...more
3/25/2024
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Climate Change ,
Declaratory Judgments ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Injunctions ,
New Rules ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Supremacy Clause
The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country.
One of the hottest series of disputes has been the tag-team...more
The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan....more
Environmental justice (EJ) issues continue to feature prominently in national headlines in 2024. Below, we unpack two Louisiana EJ-focused court decisions and outline seven takeaways for the regulated community....more
Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more
12/7/2023
/ Biden Administration ,
Clean Energy ,
Clean Water Act ,
Climate Change ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Legislative Agendas ,
Loan Forgiveness ,
PFAS ,
Pollution Control ,
Regulatory Agenda ,
Sackett v EPA ,
State Constitutions ,
Student Loans
While increased enforcement resulting from increased federal focus on environmental justice (EJ) issues poses risk to many businesses, how (and perhaps whether) the US Environmental Protection Agency (EPA) assesses and...more
Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues.
In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more
9/11/2023
/ Administrative Procedure Act ,
Biden Administration ,
Clean Air Act ,
Emergency Powers ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Louisiana ,
NESHAP ,
OMB ,
Preliminary Injunctions ,
Public Health ,
Rulemaking Process ,
Statute of Limitations
More so than any other issue, environmental justice (EJ) remains a central pillar of the Biden Administration’s regulatory agenda. Below, we’ll answer three EJ-related questions that the regulated community may struggle with...more
8/25/2023
/ Biden Administration ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Regulatory Agenda ,
Regulatory Reform ,
Sustainability
The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more
]Effective and meaningful public engagement are “foundational principles of Federal regulatory development” and the Biden Administration has sought to remove barriers to public participation in the regulatory process.
We...more
The Biden Administration is in the process of revising a cog fundamental to federal policymaking. The cog, a guidance document issued by the Office of Management and Budget’s (OMB) entitled Circular A-4, has the potential to...more
Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable.
Forty-three million Americans will remember Biden v. Nebraska when...more
7/10/2023
/ Biden Administration ,
Debt Relief ,
Department of Education ,
Department of Education v Brown ,
Haaland v Brackeen ,
Loan Forgiveness ,
OSHA ,
SCOTUS ,
Secretary of Education ,
Standing ,
Student Loans ,
West Virginia v EPA
Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more
Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues.
Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more
If you blink, there’s a good chance that you will miss a major development in the environmental justice (EJ) space.
Given that Earth Day occurred last week, it’s no surprise we have two major developments to report: ...more
A new set of environmental policies embraced by the Biden Administration ― environmental justice (EJ) ― may soon spur litigation in the environmental, social, and governance (ESG) space....more
2/21/2023
/ Biden Administration ,
Business Operations ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Inflation Reduction Act (IRA) ,
Investors ,
Proposed Legislation ,
Risk Management ,
Sustainability
These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more
1/20/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Environmental Justice ,
Environmental Policies ,
NEPA ,
New Guidance ,
New Regulations ,
NGOs ,
Superfund
“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023.
Below, we unpack two recently announced EJ efforts: a grant program for groups in...more
1/18/2023
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Grants ,
NEPA ,
New Guidance ,
Pesticides ,
Toxic Chemicals ,
Waste Management ,
Water
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver...more