Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more
2/16/2024
/ Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Clean Air Act ,
Department of Environmental Quality ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Louisiana ,
NAAQS ,
NGOs ,
Preliminary Injunctions ,
Spending Clause ,
Title VI
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead -
As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
12/21/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Climate Change ,
Department of Energy (DOE) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
NEPA ,
Proposed Rules ,
Toxic Chemicals
In groundbreaking legislation, California continues to lead the nation in climate change regulation by enacting the bulk of the California Climate Accountability Package – an unprecedented climate disclosure mandate for...more
President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more
5/3/2023
/ Clean Air Act ,
Department of Environmental Quality ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hazardous Substances ,
NEPA ,
NGOs ,
OSTP ,
Pollution Control ,
Right To Know ,
Transparency
On March 21, 2023, activists in St. James Parish, Louisiana filed an environmental justice lawsuit against their local government, claiming that the Parish’s land use system directed industry into primarily Black communities...more
On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 publication Legal Tools To Advance Environmental Justice, continuing to signal its focus on...more
The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more
9/21/2022
/ Administrative Procedure Act ,
Civil Rights Act ,
Compliance Monitoring ,
Enforcement Actions ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
NEPA ,
New Guidance ,
NGOs ,
Permits ,
Pollution Control ,
Title VI
The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more
Today, August 16, 2022, President Biden signed into law the fiercely negotiated and long anticipated Inflation Reduction Act of 2022 (“IRA”). Among other things, the IRA provides a significant boost, including approximately...more
The National Oceanic and Atmospheric Administration (“NOAA”) recently released an update to its Disaster and Risk Mapping Tool that now allows users to assess natural disaster risks at the community level.
NOAA’s...more
On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more
6/7/2022
/ Air Quality Standards ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
FOIA ,
Insecticide ,
NEPA ,
New Guidance ,
Pesticides ,
Solid Waste ,
Superfund ,
Water Infrastructure Finance and Innovation Act
Carbon Capture and Sequestration (“CCS”), one form of which is known as Direct Air Capture, captures carbon dioxide (CO2) from man-made sources before CO2 is released into the atmosphere. The captured CO2 is then injected...more
This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more
1/5/2022
/ Center for Biological Diversity ,
Climate Change ,
Endangered Species Act (ESA) ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Federal Register ,
FEMA ,
Greenhouse Gas Emissions ,
Policies and Procedures ,
Public Comment ,
Strategic Planning
Emphasis on Environmental Justice and Climate Change -
The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more
10/21/2021
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NEPA ,
RCRA ,
Safe Drinking Water Act ,
Site Remediation ,
Strategic Planning ,
Toxic Substances Control Act (TSCA)
Business and Human Rights: Energy and extractives in a changing landscape of new generation trade agreements protecting and promoting both trade and human rights -
As allegations of genocide, forced labour, or widespread...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives -
With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
4/27/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Energy ,
Clean Water Act ,
Climate Change ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
NEPA ,
OMB ,
PFAS ,
Public Land ,
Regulatory Reform ,
Safe Drinking Water Act ,
Superfund
Designation of PFOA as a Carcinogen Will Increase Litigation Risks and Expand Proposition 65 Labeling Obligations -
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that...more
Use of Short-Form Warnings Would be Restricted for Products and Eliminated for Websites and Catalogs -
Manufacturers of products sold to consumers and packaging companies should take notice of important new developments...more