Environmental Law Advisor
246 total results. Page 4 of 10.
Sarah L. Lode, Francis X. Lyons, J. Michael Showalter
No industrial company wants to find itself on the morning news tied to a chemical spill or train derailment. Events like those can transform even the most highly regarded company into a movie villain and give rise to substantial liability. Preparation is essential.
Alex Garel-Frantzen, Malerie Ma Roddy, J. Michael Showalter
Consumer-focused recycling is often driven at the municipal level. For the most part, local governments determine what can be recycled and whether residents need to bring recyclable materials to a central collection point, or whether they are collected from households at some interval.
J. Michael Showalter
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.
Alex Garel-Frantzen, Malerie Ma Roddy, J. Michael Showalter
Americans have been “recycling” since colonial times. However, it wasn’t until the 1960s that Americans began viewing recycling ― often provided alongside rubbish removal ― a more formal solution to problems posed by consumer waste.
J. Michael Showalter, Amy Antoniolli
What buzzwords define the environmental space in the past two years? Both “ESG” and “environmental justice” (EJ) are strong contenders. This post outlines how these concepts relate and provides guidance as to how companies can stake out appropriate positions on EJ in ESG reporting.
J. Michael Showalter
Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA).
J. Michael Showalter, Jane E. Montgomery, Amy Antoniolli
The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue.
Meera Gorjala, J. Michael Showalter
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 “not final” actions by the executive branch and litigation.
J. Michael Showalter
“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023.
J. Michael Showalter, David M. Loring
How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question.
J. Michael Showalter, Bradley S. Rochlen
On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain communities before an environmental permit is issued or renewed.
Francis X. Lyons, J. Michael Showalter
Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies.
J. Michael Showalter, Amy Antoniolli, Bina Joshi, Daniel J. Deeb, Alex Garel-Frantzen, Sarah L. Lode, Dan H. Renberg
What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a major court decision involving hot-button topics.
J. Michael Showalter, Amy Antoniolli, Malerie Ma Roddy
US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly alleging “ESG” and sustainability-focused claims.
Robert A.H. Middleton, J. Michael Showalter
The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities.
J. Michael Showalter, David M. Loring
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, and civil-rights investigations.
J. Michael Showalter, Samuel A. Rasche
“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer, has been viewed as a key underpinning.
Amy Antoniolli, Jane E. Montgomery
A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections.
J. Michael Showalter, Daniel J. Deeb
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 an open question.
J. Michael Showalter, David M. Loring, Samuel A. Rasche
In a recent US EPA letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use the “whole of government” to address what it believes are long-standing civil concerns.
J. Michael Showalter
As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward seeing EJ-focused changes occurring in EPA’s efforts.
Andrew N. Sawula
On October 14, 2022, the US Environmental Protection Agency (EPA) proposed changes to its New Source Review (NSR) regulations that would expand the number of projects that trigger NSR permitting at existing facilities by requiring that all major stationary sources consider fugitive emissions.
J. Michael Showalter, Sarah L. Lode
On Aug. 30, in Environment Texas Citizen Lobby Inc. v. ExxonMobil Corp., a split panel of the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. District Court for the Southern District of Texas' $14.25 million Clean Air Act penalty against a petroleum company that had been found liable for
J. Michael Showalter, Sarah L. Lode, Samuel A. Rasche
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean Water Act; standing and the appropriateness of executive action.
Robert A.H. Middleton, J. Michael Showalter, Joshua R. More
Citizen suits begin with private parties sending “notice letters” to potential defendants apprising them that, if a specified action isn’t done within a certain period, litigation will be filed. A primary purpose of these letters is to allow parties to fix issues outlined in the letters.