The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
On May 15, EPA announced it was going to update to its EJScreen tool in June. According to EPA’s website, “EJScreen is EPA's environmental justice mapping and screening tool that provides EPA with a nationally consistent...more
In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a...more
Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more
Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to...more
In recent years, the global concentration of methane present in the atmosphere has increased dramatically. In fact, in 2021, methane increased by almost 18 parts per billion in the atmosphere, the largest single year increase...more
On September 27, 2023, six “Portuguese young people” were heard by the European Court of Human Rights (ECtHR) in a lawsuit against 32 European governments, including all EU member states, alleging that their failure to act...more
The National Association of Clean Air Agencies (“NACAA”) sent a September 29th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2024-2025 National Program...more
On July 25, 2023, Representative Ted Lieu and 19 other Democratic lawmakers from the U.S. House of Representatives and Senate sent a letter to U.S. Attorney General Merrick Garland, requesting that the Department of Justice...more
The U.S. Environmental Protection Agency (EPA) announced on July 25, 2023, a proposed rule, published in the Federal Register on Aug. 9, 2023, to update the Air Emissions Reporting Requirements (AERR) to collect certain...more
In late April the Bay Area Air Quality Management District (“BAAQMD”) promulgated its revised 2022 CEQA Guidelines (“2022 Guidelines”), available here. Previously BAAQMD had published guidelines in 2012, which were the...more
The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for...more
In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued a February 22nd Order Granting In Part and Denying In Part two Petitions objections to the issuance of a Clean Air Act Title V Operating...more
New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New...more
If you blink, there’s a good chance that you will miss a major development in the environmental justice (EJ) space. Given that Earth Day occurred last week, it’s no surprise we have two major developments to report: ...more
The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more
New guidance from the U.S. Environmental Protection Agency (“EPA”) sheds light on how the agency intends to incorporate environmental justice (“EJ”)1 into air permitting programs across the country. The direct effect of the...more
How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of...more
On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more
A new Executive Order by North Carolina Gov. Roy Cooper aims to accelerate the state’s shift to zero-emission trucks and buses. The Executive Order aims to increase the availability of zero-emission medium- and heavy-duty...more
The National Association of Clean Air Agencies (“NACAA”) transmitted a November 8th letter to the United States Environmental Protection Agency (“EPA”) providing recommendations for the federal agency’s FY2024 budget. ...more
The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more
Attorney General Bonta asks plastic bag producers to prove that bags are recyclable - San Francisco Chronicle – November 2 - On Wednesday, Attorney General Rob Bonta sent letters to seven plastic bag producers that supply the...more