Environmental Law Advisor

Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS).

The US Environmental Protection Agency’s (EPA) Office of Environmental Justice (OEJ) and External Civil Rights Compliance Office issued draft guidance (Draft Guidance) on June 2, 2022.

Many investment funds, advisors, and companies have been working to incorporate environmental, social, and governance (ESG) factors into their investment practices, but the US Securities and Exchange Commission (SEC) has proposed new disclosure and reporting requirements.

A California appellate court recently concluded that the bumble bee is a “fish,” at least for the purposes of certain provisions in the California Endangered Species Act (Cal. ESA). Because bumble bees are “fish,” they can be subject to the Cal. ESA.

Massachusetts highest court upheld a state trial court’s decision which allowed a closely watched climate-disclosure related challenge filed by Massachusetts Attorney General Maura Healey against ExxonMobil (Exxon) to proceed over Exxon’s objections.

On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration.

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration.

The US Environmental Protection Agency (EPA) has published a draft white paper discussing control techniques and other measures that could reduce greenhouse gas (GHG) emissions from combustion turbines and, by extension, from the power sector.

The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer.

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set forth under the federal Administrative Procedure Act (APA).

Environmental justice has been at the forefront of the Biden Administration’s priorities for the US Environmental Protection Agency (EPA).

The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil and fossil fuels.

The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty.

On March 31, President Biden designated the production and processing of materials used in large-capacity batteries as essential to the national defense.

The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda.

Whether we like it or not, COVID-19 continues to pose challenges for everyone. One way to help mitigate the risk of contracting the virus is getting fresh air.

On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines.

On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States.

The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.”

On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California’s Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions for cars and establish a zero-emissions vehicle program.

Last fall, we wrote about the EPA’s strategic roadmap regarding its goals for investigating, regulating, and remediating Per- and Polyfluroalkyl Substances (PFAS).

New legislation often starts a cat-and-mouse game between the executive branch and regulated entities related to how statutory language is implemented. While we often write about environmental statutes, the procedural mechanisms governing how statutes may be implemented are generally similar.

The “major questions” doctrine is likely to substantially affect environmental law.

Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year.

In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.”