In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements....more
3/10/2025
/ Chevron Deference ,
City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation
The California Air Resources Board (CARB) announced this month that it will use enforcement discretion for the first greenhouse gas (GHG) emission reports due in 2026 to allow regulated businesses (doing business in...more
The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more
On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25.
This suite of rules includes two...more
4/26/2024
/ Carbon Capture and Sequestration ,
Clean Air Act ,
Coal-Fired Plants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Landfills ,
Power Plants ,
Wastewater
On April 10, the US Environmental Protection Agency (EPA) announced its final PFAS drinking water rule, setting new drinking water standards for six per- and polyfluoroalkyl substances (PFAS).
...more
2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more
12/11/2023
/ Carbon Off-Set Credits ,
Civil Rights Act ,
Class Action ,
Climate Change ,
Cybersecurity ,
Delta Airlines ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Equal Protection ,
EU ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Investment Company Act of 1940 ,
Popular ,
Proposed Rules ,
Publicly-Traded Companies ,
Recycling ,
Risk Management ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Students for Fair Admissions v Harvard College ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Title VI
On September 28, the Environmental Protection Agency (EPA) posted a final rule that will require any entity that has manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since 2011 to report...more
Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more
8/29/2023
/ Advertising ,
Artificial Intelligence ,
Automotive Industry ,
Biometric Information ,
Clean Energy ,
Clinical Trials ,
Confidentiality Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
Diagnostic Imaging Services ,
Disclosure Requirements ,
Distribution Rules ,
Driverless Cars ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethics ,
Family Offices ,
Fantasy Sports ,
Fashion Industry ,
Fraud and Abuse ,
Greenwashing ,
Healthcare ,
Hospitality Industry ,
Intellectual Property Protection ,
Labor Regulations ,
Life Sciences ,
Logistics ,
Long-Term Care ,
Machine Learning ,
Medical Devices ,
Medical Research ,
Nonprofits ,
Open Source Software ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Privacy Laws ,
Privately Held Corporations ,
Regulatory Agenda ,
Renewable Energy ,
Retailers ,
Software ,
Sports ,
Sports Betting ,
Technology Sector ,
Vehicle Navigation Systems
Generative artificial intelligence (AI) is transforming the way we live and work. At its core, AI is the ability of machines to think and learn without encoded commands, mimicking our own cognition. Within two months of its...more
8/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Disclosure Requirements ,
Energy Efficiency ,
Energy Sector ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Machine Learning ,
Renewable Energy
Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand. A growing number of these energy-dense batteries are being manufactured and used in...more
In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more
Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues.
Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more
The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA).
Some background. Many regulators and...more
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...more
12/15/2022
/ CERCLA ,
Clean Water Act ,
Climate Change ,
Dodd-Frank ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Inflation Reduction Act (IRA) ,
NGOs ,
PFAS ,
Popular ,
Sackett ,
SCOTUS ,
Securities and Exchange Commission (SEC)
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...more
The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law. With that in mind, US Environmental Protection Agency (EPA) and other...more
On August 26, the US Environmental Protection Agency (EPA) released a pre-publication version of its proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under...more
An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the...more
Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS).
Under the Safe Drinking Water Act, EPA may publish health...more
The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration. The enforcement strategy will “advance environmental justice through...more
5/9/2022
/ Biden Administration ,
Consumer Product Safety Commission (CPSC) ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Justice ,
Environmental Violations ,
False Claims Act (FCA) ,
Federal Aviation Administration (FAA) ,
Food and Drug Administration (FDA) ,
HUD ,
OSHA ,
Supplemental Environmental Project (SEP) Policy ,
US Army Corps of Engineers
The tremendous popularity of social networks and advances in virtual reality (VR) and distributed ledger technology are helping to usher in a new technological frontier: an emerging computer-generated universe often called...more
4/26/2022
/ Blockchain ,
Cryptoassets ,
Energy Sector ,
Energy Use Disclosure Requirements ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Infrastructure ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Social Networks ,
Virtual Reality
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...more
On March 31, President Biden designated the production and processing of materials used in large-capacity batteries as essential to the national defense.
This presidential designation opens up federal funding to support...more
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...more