Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more
9/27/2024
/ Chevron Deference ,
Citizen Suits ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disclosure ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Environmental Violations ,
Exxon Mobil ,
Loper Bright Enterprises v Raimondo ,
NGOs ,
Public-Private Entities ,
RCRA ,
Securities and Exchange Commission (SEC)
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more
7/15/2024
/ Administrative Procedure Act ,
Alliance for Hippocratic Medicine v Food and Drug Administration ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Loper Bright Enterprises v Raimondo ,
Ohio v Environmental Protection Agency ,
Public Trust Doctrine ,
Regulatory Agenda ,
Sackett v EPA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation
ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism.
Here, we break...more
6/4/2024
/ 401k ,
Activist Investors ,
American Airlines ,
Breach of Duty ,
Class Action ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Exxon Mobil ,
Fiduciary Duty ,
Investment Adviser ,
Pension Funds ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?
...more
3/25/2024
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Climate Change ,
Declaratory Judgments ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Injunctions ,
New Rules ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Supremacy Clause
As we move into 2024, environmental, social, and governance (ESG) concepts continue to feature prominently in policy debates. While ESG still drives policy, the last year has seen “ESG” factors recast from being perceived as...more
The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more
12/14/2023
/ CERCLA ,
Chevron Deference ,
Divestment ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
NAAQS ,
Petrochemicals ,
PFAS ,
Plastics ,
Public Disclosure ,
Recycling ,
Reporting Requirements ,
Safe Drinking Water Act ,
Securities and Exchange Commission (SEC)
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
The International Sustainability Standards Board (ISSB) standards have joined the climate-disclosure reporting frameworks that take a financial materiality-led approach. While the ISSB standards seek to streamline reporting...more
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...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)