News & Analysis as of

Biden Administration Environmental Justice

Nelson Mullins Riley & Scarborough LLP

EPA Announces Initial Recipients for Historic Community Change Grants Program

The United States Environmental Protection Agency (EPA) has announced more than $325 million in funding for 21 projects aimed at addressing environmental and climate justice issues in disadvantaged communities. This funding...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

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This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Justice Update: The Justice40 Initiative

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

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Fiscal Year 2025: Biden Administration Budget Request

The Biden Administration has released its Fiscal Year 2025 Budget Proposal for the United States Environmental Protection Agency (“EPA”). EPA Administrator Regan in a March 11th news release states that the Budget Request...more

ArentFox Schiff

Environmental Justice Update: EPA, Illinois EPA, and Chicago Settle Civil Rights Claims with Agreement to Prioritize EJ in...

ArentFox Schiff on

The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country. One of the hottest series of disputes has been the tag-team...more

ArentFox Schiff

Environmental Justice Update: EPA Updates EJ Equity Action Plan

ArentFox Schiff on

The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan....more

Troutman Pepper

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

Troutman Pepper on

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

ArentFox Schiff

Environmental Justice Update: Seven Lessons from Louisiana

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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

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

King & Spalding on

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

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

ArentFox Schiff on

Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Nelson Mullins Riley & Scarborough LLP

U.S. Environmental Protection Agency Announces $2 Billion Environmental and Climate Justice Funding Opportunity - Historic Funding...

The U.S. Environmental Protection Agency (EPA), through its Office of Environmental Justice and External Civil Rights (OEJECR), has announced an unprecedented funding opportunity entitled the “Environmental and Climate...more

Jenner & Block

Justice Department Issues First-Ever Comprehensive Environmental Justice Enforcement Strategy Report

Jenner & Block on

On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

ArentFox Schiff

Environmental Justice Update: EPA Publishes Cumulative Risk Assessment Comments

ArentFox Schiff on

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

ArentFox Schiff

Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers

ArentFox Schiff on

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more

ArentFox Schiff

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

ArentFox Schiff on

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

K&L Gates LLP

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

K&L Gates LLP on

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

ArentFox Schiff

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

ArentFox Schiff on

The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

Roetzel & Andress on

This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more

Pierce Atwood LLP

Council on Environmental Quality Proposes Substantial Revisions to NEPA

Pierce Atwood LLP on

The White House Council on Environmental Quality (CEQ) recently published a proposed rule that makes substantial revisions to the National Environmental Policy Act (NEPA) regulations, implementing the amendments directed by...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Perkins Coie

Council on Environmental Quality Proposes Phase Two Revision to Its NEPA Implementing Regulations

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The Council on Environmental Quality (CEQ) has proposed further amendments to its National Environmental Policy Act (NEPA) implementing regulations as part of its phased rulemaking initiated in 2021. The proposed Bipartisan...more

(ACOEL) | American College of Environmental...

What’s All the Chatter About? Does the Supreme Court’s Harvard Opinion Really Endanger Environmental Justice Priorities?

As so many of my professional circles eagerly awaited the Supreme Court’s decision in Students for Fair Admissions v. Harvard (the Harvard Decision), they wondered what it might mean for the Biden administration’s...more

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