News & Analysis as of

Environmental Justice Enforcement

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

Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction

The United Stated Court of Appeals for the 9th Circuit (“9th Circuit”) in an August 28th Memorandum addressed a post-trial Motion subject to a Clean Water Act criminal enforcement trial. See U.S. v. Louie Sanft, 2024 W.L....more

Oberheiden P.C.

How to Handle an EPA Inspection: Tips for Success and Mistakes to Avoid

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The United States Environmental Protection Agency (EPA) has long conducted inspections to assess the efficacy of companies’ environmental compliance programs. However, under the EPA’s Climate Enforcement and Compliance...more

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

Consumer Confidence Report Rule/Safe Drinking Water Act: U.S. Environmental Protection Agency Issues Final Revisions

The United States Environmental Protection Agency (“EPA”) announced on May 15th a final rule that would revise the Safe Drinking Water Act (“SDWA”) Consumer Confidence Report Rule (“CCRR”). Consumer Confidence Reports are...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

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

FY 2023 Federal Environmental Enforcement/Compliance: U.S. Environmental Protection Agency Issues Summary Report

The United States Environmental Protection Agency (“EPA”) issued on December 18th a report titled: Enforcement and Compliance Annual Results for Fiscal Year 2023 (“Enforcement Report”)...more

ArentFox Schiff

Environmental Justice Update: DOJ Releases Inaugural EJ Enforcement Strategy Report

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The Comprehensive Environmental Justice Enforcement Strategy Annual Report builds on the DOJ’s creation of its Office of Environmental Justice within the DOJ’s Environment and Natural Resources Division (ENRD), which has...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

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

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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

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

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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

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

Illegal Dumping/Environmental Justice: U.S. Department of Justice and City of Houston, Texas, Enter into Settlement

The United States Department of Justice (“DOJ”) issued a June 6th news release stating that it had entered into a Settlement Agreement with the City of Houston, Texas, in response to illegal dumping in Black and Latino...more

ArentFox Schiff

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

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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

ArentFox Schiff

Environmental Justice Update: Louisiana NGOs Sue Parishes Regarding Allegedly “Racist” Nature of Industrial Permitting

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Louisiana has been at the center of the past year’s eruption of environmental-justice related enforcement activities. The complaint in Inclusive Louisiana et al. v. St. James Parish et al., found here, is tied to three...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

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

Biden Administration Fiscal Year Proposed 2024 Budget: $12 Billion Requested for U.S. Environmental Protection Agency

The United States Environmental Protection Agency (“EPA”) issued a March 9th news release addressing the Biden Administration’s fiscal year 2024 budget request. The Biden Administration is requesting $12 billion in...more

ArentFox Schiff

ESG Litigation Update: Environmental Justice Claims

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A new set of environmental policies embraced by the Biden Administration ― environmental justice (EJ) ― may soon spur litigation in the environmental, social, and governance (ESG) space....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

Vinson & Elkins LLP

Environmental Justice 2022 Year-End Review

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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

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

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The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

ArentFox Schiff

EPA Announces 2022 Enforcement and Compliance Results

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Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies. For many businesses, including those that devote considerable resources to meeting...more

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

U.S. Environmental Protection Agency FY2024 Budget: National Association of Clean Air Agencies Recommendations

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

ArentFox Schiff

Minimizing Risks to Permitting and Compliance Associated with Increased Focus on Environmental Justice

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Securing environmental permits is often big part of operating a business. How the US Environmental Protection Agency’s (EPA) recent focus on environmental justice (EJ) issues might affect that permitting remains something of...more

Vinson & Elkins LLP

Elevating EJ: How EPA’s New Environmental Justice Office Raises the Stakes for EJ Enforcement and IRA Funding Opportunities

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The Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental...more

Venable LLP

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

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Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

Vinson & Elkins LLP

DOJ’s Environmental Justice Enforcement Strategy and Restoration of Settlement Projects: 5 Things You Should Know

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The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more

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