I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney
On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more
The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more
U.S. Environmental Protection Agency (EPA) Assistant Administrator Radhika Fox issued a memorandum on April 28, 2022, addressing EPA's revised guidance for addressing per- and polyfluoroalkyl substances (PFAS) in National...more
On April 14, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum addressing the framework for the implementation of more stringent stormwater management...more
Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...more
The Ministry of Environmental Protection recently published the Memorandum for the Climate Law 2021. The memorandum’s main purpose is to create an organizational framework for Israel’s handling of the global climate crisis....more
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
On March 12, 2020, Jeffrey Bossert Clark, the Assistant Attorney General in charge of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ-ENRD”) issued a policy memorandum formally ending the...more
The United States Environmental Protection Agency (“EPA”) issued a December 2nd memorandum titled: Revised Policy on Exclusions from “Ambient Air” (“Memorandum”) - The December 2nd Memorandum was transmitted from EPA...more
EPA Administrator Wheeler has distributed a “Revised Policy on Exclusions from ‘Ambient Air’”. Here’s the short version. EPA has long defined “ambient air” as outside air “to which the general public has access.”...more
Earlier this month the Trump Administration issued two executive orders limiting federal agencies’ use of informal guidance documents to regulate conduct. "Informal guidance documents" are generally understood to include...more
The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more
The United States Environmental Protection Agency (“EPA”) issued a July 11th memorandum titled: Enhancing Effective Partnerships Between the EPA and the States in Civil Enforcement and Compliance Assurance Work...more
Through a combination of memoranda and a recently proposed rulemaking, EPA Administrator Scott Pruitt is moving to affect longstanding and fundamental components of EPA programs. The merits (or lack thereof) may be lost as...more
United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more
A new policy memorandum from Environmental Protection Agency (EPA) Administrator Scott Pruitt will impact one of the most common, complex, and fundamental questions regarding air permitting: Will my proposed project be...more
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have recently issued memoranda concerning civil enforcement of violations, including violations of environmental laws. The January...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more
The Trump Administration is making what might appear to be subtle changes in federal enforcement policies that have the potential to significantly shift environmental enforcement as prescribed by the prior administration. ...more
• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities. • The memo specifically...more