On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
7/13/2023
/ C&DIs ,
Climate Change ,
COSO ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Divestment ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Nasdaq ,
No-Action Letters ,
NYSE ,
Proxy Season ,
Repurchases ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Universal Proxy Cards
The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more
In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more
10/22/2021
/ Clean Water Act ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Effluent Limitations ,
Enforcement Guidance ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Exposure ,
Wastewater
On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement...more
On January 27, 2021, President Biden released an “Executive Order on Tackling the Climate Crisis at Home and Abroad.” Among a host of sweeping proclamations and orders involving foreign and domestic policy on climate change,...more
While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more
1/28/2021
/ Biden Administration ,
CERCLA ,
Chemicals ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
PFAS ,
PHMSA ,
Risk Management ,
Trump Administration ,
Volatile Organic Compounds (VOC) ,
Wastewater
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
1/28/2021
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Department of Natural Resources ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
OECA ,
OIRA ,
Performance Standards ,
Renewable Energy ,
Supplemental Environmental Project (SEP) Policy
The Biden administration identified environmental justice (“EJ”) as a campaign priority1 and the Biden-Harris team has continually emphasized its commitment to environmental justice, stating that the administration would...more