US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The...more
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
7/27/2022
/ CERCLA ,
Civil Rights Act ,
Clean Air Act ,
Clean Water Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Funding ,
HUD ,
Title VI
The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more
7/7/2022
/ Administrative Procedure Act ,
Biden v Missouri ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Medicaid ,
Medicare ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS
The concept of “administrative deference” is a key component to the modern regulatory state. An important aspect of administrative deference is the “Chevron doctrine,” i.e. the concept that the courts should defer to relevant...more
The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set...more
The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda.
One of the tools it has deployed is “fenceline monitoring” where perimeter monitors are used to assess whether...more
On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines.
...more