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New White House Guidance Moves ‘Social Cost of Carbon’ Metric to Side Burner

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

Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations

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

ESG Update: Corporate Directors May Be Obligated to Assess Political Risk

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by corporations, their advisors, and their stakeholders....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

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

Environmental Justice Update: Seven Lessons from Louisiana

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 Justice Update: DOJ Releases Inaugural EJ Enforcement Strategy Report

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

Is Environmental Justice at a Crossroads? Three Issues to Watch in Fall 2023

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

ESG Litigation Update: Antitrust Claims

Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may...more

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

“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

Environmental Justice Update: Chicago Forcing Facility Relocation to Environmental Justice Area Puts Federal HUD Funding at Issue

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws - to address...more

DOJ Returns to Using Supplemental Environmental Projects Including to Mitigate Harms to EJ Communities

On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration. While the strategy is comprehensive and involves many federal...more

DOJ Announces Environmental Justice Office and Focused Enforcement Initiative

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration. The enforcement strategy will “advance environmental justice through...more

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