News & Analysis as of

Environmental Justice Comprehensive Environmental Response, Compensation and Liability Act

Kilpatrick

Climate Change Comes for Remedial Measures – Planning for Corrective Action under Climate Threats and EPA Recent Guidance

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Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the...more

ArentFox Schiff

Meeting New Challenges: Environmental, Energy, and ESG Issues to Watch in 2024

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The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...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

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

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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

Allen Matkins

ESG on the Rise

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Companies are facing increased federal, state, and public scrutiny regarding environmental, social, and governance (ESG) issues. Amidst this momentum, it is important for companies operating in all sectors to address ESG...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

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

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

MG+M The Law Firm

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

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The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

Goldberg Segalla

Advancing Environmental Justice: EPA Releases New Roadmap to Address Cumulative Impacts

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The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022....more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

ArentFox Schiff

Environmental Justice Update: EPA Issues Initial Findings Regarding Louisiana Civil Rights Complaints

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In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more

ArentFox Schiff

EPA's Environmental Justice Efforts Moving Beyond Regulatory Structures and Into Programming

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As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward...more

King & Spalding

Environmental Justice

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The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more

ArentFox Schiff

Environmental Justice Update: Chicago Forcing Facility Relocation to Environmental Justice Area Puts Federal HUD Funding at Issue

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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

Integral Consulting Inc.

Are Cumulative Assessments Meeting the Needs of EJ?

The public’s attention to environmental justice has refocused the U.S. Environmental Protection Agency (EPA) on cumulative assessment of risk and impacts. Concordantly, EPA recently finalized its Fiscal Year 2022–2026...more

Kilpatrick

EPA’s Environmental Justice Continues to Expand its Reach with the Issuance of Draft Action Plan for EPA’s Office of Land and...

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On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more

Akerman LLP

Major Boost Coming in Federal Brownfield and Superfund Spending and Focus

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Following the enactment of the federal Infrastructure Investment and Jobs Act (H.R. 3684) and its signing into law by President Joseph R. Biden this month, significantly expanded federal funding and emphasis is expected in...more

King & Spalding

US EPA Issues Draft Strategic Plan

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Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

Kilpatrick

CERCLA – EPA Sharpens CERCLA Enforcement Tools to Focus on Environmental Justice Communities.

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The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more

Morgan Lewis

EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work

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The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in...more

Woods Rogers

Environmental Justice Emerges as EPA and Virginia Priority

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Recent guidance issued by the U.S. Environmental Protection Agency (“EPA”) evidences EPA’s intention to better incorporate Environmental Justice (“EJ”) considerations into program administration and enforcement. ...more

Beveridge & Diamond PC

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

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On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more

Foley Hoag LLP - Environmental Law

Will Increased Enforcement Speed Cleanup of Superfund Sites in EJ Communities?

Earlier this month, EPA circulated a memorandum on “Strengthening Environmental Justice Through Cleanup Enforcement Actions.”  It could significantly increase the volume of CERCLA enforcement actions.  More importantly, if...more

Vinson & Elkins LLP

EPA Announces Plans To Strengthen Environmental Justice Efforts Regarding Waste And Superfund

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For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more

Snell & Wilmer

Environmental Justice: A Focus in Criminal Enforcement

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The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice...more

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