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National Environmental Policy Act Clean Air Act

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Dorsey & Whitney LLP

Energy Law: Month in Review - April 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...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

King & Spalding

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

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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

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

Operation of Bonnet Carre´ Spillway/National Environmental Policy Act: Federal Appellate Court Addresses Whether Army Corps of...

A group of Mississippi municipalities and associations filed a lawsuit in the United States District Court (S.D. Miss.) against the United States Army Corps of Engineers (“Corps”) for allegedly violating the National...more

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

Building United States Infrastructure Through Limited Delays/Efficient Reviews Act of 2023: U.S. Committee on Natural Resources...

The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more

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

Ozark-St. Francis National Forest/Prescribed Burn/Logging/National Environmental Policy Act: Buffalo River Watershed Alliance...

The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

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This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“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

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

Consideration of Greenhouse Gas Emissions/Climate Change: Council on Environmental Quality Issues Interim National Environmental...

The Council on Environmental Quality (“CEQ”) published in the January 9th Federal Register a document titled: National Environmental Policy act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

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On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

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

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

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

National Environmental Policy Act: Council on Environmental Quality Issues "Phase 1" Rule

The White House Council on Environmental Quality (“CEQ”) issued an April 19th final rule that amends certain provisions of its regulations for implementing the National Environmental Policy Act (“NEPA”). ...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...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

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

National Environmental Policy Act: Council of Environmental Quality Proposal to Withdraw Trump Era Rules

The Council on Environmental Quality published in the October 7th Federal Register at Notice of Proposed Rulemaking (“NPR”) to withdraw certain Trump Administration revisions to its National Environmental Policy Act (“NEPA”)...more

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

Troutman Pepper on

Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

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EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Holland & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

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The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Holland & Hart LLP

Assessing Climate Cost in Policy Decisions

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Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

Kilpatrick

Frozen! Delayed! Biden Administration to Review Environmental Regulations

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Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Akin Gump Strauss Hauer & Feld LLP

Climate, NEPA, Environmental Justice Dominate Hearing for EPA, CEQ Nominees

During yesterday’s Senate Environment and Public Works Committee hearing, President Biden’s nominees for Chair of the White House Council on Environmental Quality (CEQ), Brenda Mallory, and for Deputy Administrator the...more

Morgan Lewis

Environmental Enforcement Outlook on Climate Change, NEPA and Emerging Contaminants and Chemical Safety

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With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National...more

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