News & Analysis as of

Clean Air Act Environmental Justice

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

Title V/Clean Air Act: Petition to Object Filed Addressing Houston, Texas Refinery

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

Verrill

Massachusetts Provides Extra Protection to Environmental Justice Communities from Air Pollution

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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

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

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

ArentFox Schiff

Environmental Justice Update: Three Areas to Watch in Spring 2024

ArentFox Schiff on

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions. Below, we will summarize recent...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

Robinson+Cole Environmental Law +

Connecticut’s Amended Environmental Justice Statute: Where Does It Stand?

Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) released a “Connecticut Environmental Justice Public Participation Guidance Document” (‘the Guidance”) concerning the 2023 amendments...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

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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

Goldberg Segalla

Green Amendments and the Rise of Environmental Constitutional Rights

Goldberg Segalla on

There has been a recent push across the country placing “green amendments” at the forefront of the fight to combat climate change and promote environmental justice. Analogous to the rights enumerated in the Bill of Rights,...more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

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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

Foley & Lardner LLP

How U.S. EPA’s New Environmental Justice Initiative Impacts Manufacturing Operations

Foley & Lardner LLP on

What Is Environmental Justice? The Environmental Justice Initiative seeks to ensure that all Americans—regardless of race, color, national origin, or income—receive fair treatment and have meaningful involvement with...more

Goldberg Segalla

Lawsuits Claim EPA’s EtO Rules are Too Little, Too Late

Goldberg Segalla on

Following the U.S. Environmental Protection Agency’s 2016 finding that ethylene oxide (EtO), a highly effective chemical routinely used to sterilize medical devices and equipment, was significantly more hazardous than...more

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

FY 2024-2025 National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of Clean Air...

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

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

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...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

Kilpatrick

When Does an Idled Facility Become “New” Under the Clean Air Act?

Kilpatrick on

The U.S. Court of Appeals for the Third Circuit recently rejected EPA’s application of its “Reactivation Policy” to a St. Croix, USVI refinery, finding that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD)...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

Foley Hoag LLP - Environmental Law

The EJ Movement Wants to Tighten the NAAQS. Will It Happen?

The White House Environmental Justice Advisory Council recently weighed in on EPA’s decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone. Specifically, with respect to PM2.5, WHEJAC...more

Snell & Wilmer

Enviro Justice Org Wants to Sue Warehouses to Enforce South Coast AQMD’s Warehouse Indirect Source Rule

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Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina...more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

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As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

ArentFox Schiff

Will Environmental Justice Programs Be Affected by SCOTUS’s Affirmative Action Decisions?

ArentFox Schiff on

In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

ArentFox Schiff on

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants In Part and Denies In Part Two Petitions Objecting to a...

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

King & Spalding

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

King & Spalding on

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

ArentFox Schiff

Environmental Justice Update: Four Issues to Watch in Spring 2023

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The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter....more

Williams Mullen

Biden and EPA Continue to Push Environmental Justice Using Cumulative Impacts

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President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more

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