Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The United States Department of Justice on behalf of the United States Environmental Protection Agency (“EPA”) and Gershow Recycling Corporation (“GRC”) entered into an August 20th Consent Judgment (“CJ”) addressing alleged...more
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more
A United States District Court (“Court”) (D. Idaho) addressed in a February 27th Memorandum Decision and Order (“Memorandum”) an issue arising out of the United States Department of Justice (“DOJ”) charging an individual...more
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
Truck engine maker Cummins Inc. has agreed in principle to pay a $1.675 billion civil penalty for installing devices on hundreds of thousands of engines to allow them to emit excess pollution. According to the U.S. Department...more
The Environmental Protection Agency (EPA) and the Department of Transportation (DOT) just issued final rules increasing civil penalties for violations of certain EPA and DOT regulations, including violations of the Clean Air...more
The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more
The United States Environmental Protection Agency (“EPA”) and Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc., (collectively, “Pepsi”) entered into a September 25th Consent...more
In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more
The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more
The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more
The United States District Court (Eastern District Wisconsin) (“Court”) addressed in a July 27th Order a request by the United States Department of Justice (“DOJ”) acting on behalf of the United States Environmental...more
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
The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Advisory Committee (“CASAC”) transmitted a June 9th letter to Administrator Michael S. Regan addressing: CASAC Review of the EPA’s Policy...more
The United States Environmental Protection Agency (“EPA”) announced in a June 5th news release a settlement with Anheuser-Busch, LLC (“AB”) addressing alleged violations of the following programs: Clean Air Act chemical...more
Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more
“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more
The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more
The United States Attorney’s Office for the District of Oregon (“Department of Justice [“DOJ”]) issued an August 24th news release stating that Hydro Extrusion USA (“Hydro”) had been charged with negligent endangerment under...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
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
The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more