Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more
For decades, regulators have tried to quantify harm related to emissions, including the “social cost of carbon” (SCC), but that approach has now changed. The Trump Administration recently released a memorandum seeking to...more
In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and...more
President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government....more
4/17/2025
/ Climate Change ,
Coal Industry ,
Energy Policy ,
Energy Sector ,
Executive Orders ,
FERC ,
Fossil Fuel ,
Regulatory Reform ,
Renewable Energy ,
State and Local Government ,
Trump Administration
Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more
4/11/2025
/ Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Environmental Litigation ,
Environmental Violations ,
Fossil Fuel ,
Greenwashing ,
Jury Awards ,
Liability ,
Oil & Gas ,
Regulatory Requirements ,
Risk Management ,
State and Local Government
The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin....more
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
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
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
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
Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more
5/24/2024
/ Climate Change ,
Corporate Counsel ,
Denial of Certiorari ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
New York ,
Regulatory Agenda ,
SCOTUS ,
Sustainability ,
United Nations Convention on the Law of the Sea (UNCLOS)
Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since...more
Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and...more
4/23/2024
/ Building Codes ,
Carbon Emissions ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Sector ,
Green Buildings ,
Incentives ,
Municipalities ,
Renewable Energy ,
State and Local Government
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 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
As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates. While ESG still drives policy, the last year has seen “ESG” factors recast from being perceived as...more
Climate change litigation continues in the headlines, this time with an Oregon federal court evaluating claims by 21 children that the federal government violated their constitutional right to a habitable environment.
In...more
State and local governments have weighed in at increasing frequency in past years. While some environmental issues are global in scope, local governments are progressively engaged on issues affecting climate, waste disposal,...more
2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more
12/11/2023
/ Carbon Off-Set Credits ,
Civil Rights Act ,
Class Action ,
Climate Change ,
Cybersecurity ,
Delta Airlines ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Equal Protection ,
EU ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Investment Company Act of 1940 ,
Popular ,
Proposed Rules ,
Publicly-Traded Companies ,
Recycling ,
Risk Management ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Students for Fair Admissions v Harvard College ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Title VI
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
A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial.
The decision in City and County of Honolulu v. Sunoco LP allows...more
11/16/2023
/ Business Litigation ,
Clean Air Act ,
Climate Change ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Infrastructure ,
Misleading Statements ,
NGOs ,
Oil & Gas ,
Petroleum ,
Power Purchase Agreements ,
Public Utility ,
SCOTUS
The Comprehensive Environmental Justice Enforcement Strategy Annual Report builds on the DOJ’s creation of its Office of Environmental Justice within the DOJ’s Environment and Natural Resources Division (ENRD), which has...more