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ESG Litigation Update: Environmental NGOs and Local Governments Target ‘Climate Deception’

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

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

Environmental Justice Update: Three Areas to Watch in Spring 2024

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions. Below, we will summarize recent...more

Environmental Justice Update: First-of-Its-Kind Louisiana EJ Suit Dismissed

A first-of-its-kind environmental justice (EJ) lawsuit filed by a group of Louisiana churches and nongovernmental organizations (NGOs) was dismissed this week. The court’s decision finding the plaintiffs’ claims to be...more

Sustainability Update: NGO and International Efforts to Regulate Plastic

Everyone loves recycling. However, when it comes to plastic, questions about how recycling occurs and whether it can meaningfully occur generate a fair amount of controversy. ...more

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

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

Environmental Justice Update: EPA Publishes Cumulative Risk Assessment Comments

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

Fourth Circuit Holds Catch-and-Release Fishing Not Regulated by Federal Clean Water Act

The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

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

ESG Update: NGOs Push Substantive Policy Agendas in Comments to FTC’s “Green Guides”

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have...more

Environmental Justice Update: Louisiana NGOs Sue Parishes Regarding Allegedly “Racist” Nature of Industrial Permitting

Louisiana has been at the center of the past year’s eruption of environmental-justice related enforcement activities. The complaint in Inclusive Louisiana et al. v. St. James Parish et al., found here, is tied to three...more

ESG Litigation Update: Circular Economy-Focused Litigation

Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer...more

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

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

Ten Environmental and Energy Issues to Watch in 2023

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

ESG and Sustainability Litigation as Vehicles to Compel Environmental Policy Change

US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more

Environmental Justice Update: Five End-of-Year Lessons from EPA's 2022 Efforts

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

Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more

Maine Court Approves Consent Decree on Long-Running RCRA Suit, Rejects Request to Bar Future Claims

Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

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