News & Analysis as of

Environmental Protection Agency (EPA) Department of Justice (DOJ) Environmental Policies

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

Woods Rogers

EPA’s Landmark Civil-Criminal Enforcement Policy (Part I)

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Last week, the EPA announced a landmark policy change regarding the intersection and overlap of criminal and civil investigations/enforcement actions. EPA’s new policy represents one of the most dramatic and important changes...more

Troutman Pepper

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

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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

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

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

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Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

Jenner & Block

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

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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

ArentFox Schiff

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

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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

Latham & Watkins LLP

Companies Face Increased Criminal Enforcement Risk From Aging Infrastructure-Related Disasters

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Utilities and energy companies can implement strategies to mitigate risks from more frequent environmental disasters and infrastructure failures. In the early morning of June 11, 2023, a tanker truck carrying gasoline up...more

Williams Mullen

Environmental Notes - April 2023

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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

Jenner & Block

Getting Ahead of Advancing Earth-Observing Satellite Capabilities

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The regulated community should be considering how Earth-observing satellites may enhance regulators’ and non-governmental organizations’ (NGOs’) ability to detect, measure, and monitor pollution. According to the Land Remote...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

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

Nossaman LLP

Biden Administration Announces New Environmental Justice Initiatives

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On May 5, 2022, Attorney General Merrick B. Garland, along with Environmental Protection Agency (EPA) Administrator Michael S. Regan, announced a series of initiatives intended to “secure environmental justice for all...more

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Kelley Drye & Warren LLP

The DOJ Unveils New Efforts to Tackle Environmental Justice Concerns

The Department of Justice (“DOJ”) is the latest executive branch agency to join the Biden-Harris Administration’s (“Administration”) efforts to address environmental justice concerns. On May 5, 2022, Attorney General Merrick...more

Beveridge & Diamond PC

Department of Justice Takes Historic Action to Prioritize Environmental Justice in Enforcement: What Does it All Mean and What is...

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On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more

Hinshaw & Culbertson - Insights for Insurers

DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide

The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more

WilmerHale

Justice Department Launches Actions to Advance Environmental Justice

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Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more

Stinson LLP

Biden Administration Takes Concrete Steps to Prioritize Environmental Justice

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The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more

Burr & Forman

U.S. Department of Justice Issues New Policy on SEPs

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The U.S. Department of Justice issued new guidelines on May 5, 2022, for supplemental environmental projects (SEPs) as part of a settlement in civil matters. The Trump administration halted nearly all SEPs in 2017 because of...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #2

Allen Matkins on

Biden administration to restore climate criteria to NEPA - The New York Times – October 6 - The Biden administration on Wednesday announced that it would restore climate change protections to the nation’s bedrock...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - August 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more

Vinson & Elkins LLP

EPA Announces Plans To Strengthen Environmental Justice Through Criminal Enforcement

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The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021 (the “Memorandum”), that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters....more

Foley Hoag LLP - Environmental Law

Criticizing WOTUS Is Like Shooting Fish in a Barrel

On Wednesday, EPA and the Army Corps of Engineers announced that they plan to revise the definition of “Waters of the United States”. Simultaneously, DOJ moved to remand the Navigable Waters Protection Rule, in a challenge...more

Foley & Lardner LLP

Environmental Justice and Why You Should Care

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“Environmental Justice” is the concept that all people - regardless of race, color, national origin, or income - should receive fair treatment and have meaningful involvement with respect to the development, implementation,...more

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