The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well...more
The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more
1/23/2025
/ Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Diversity and Inclusion Standards (D&I) ,
Energy Policy ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Oil & Gas ,
Regulatory Freeze ,
Regulatory Reform ,
Trump Administration ,
Water
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
Environmental regulations targeting potential impacts of warehousing facilities continue to be in the spotlight.
On September 29, California Governor Gavin Newsom signed AB 98 into law, imposing new siting restrictions and...more
Republican lawmakers are continuing their antitrust push against environmental, social, and governance (ESG) investor initiatives by investigating a prominent climate coalition that is focused on getting companies to curb...more
On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more
On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more
7/23/2024
/ Anti-Fraud Provisions ,
Civil Monetary Penalty ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Jury Trial ,
Penalties ,
Pesticides ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
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
Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as...more
The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more
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
On March 6, the US Securities and Exchange Commission (SEC) approved new rules requiring public companies to disclose extensive climate-related information in their registration statements and periodic reports.
The SEC has...more
3/14/2024
/ Annual Reports ,
Canada ,
Capital Markets ,
Climate Change ,
Compliance ,
Deadlines ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
GAAP ,
Greenhouse Gas Emissions ,
Risk Management ,
Securities and Exchange Commission (SEC)
On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final...more
3/13/2024
/ Audits ,
Clean Air Act ,
Compliance ,
Department of Labor (DOL) ,
Emergency Response ,
Employee Training ,
Environmental Protection Agency (EPA) ,
Final Rules ,
OSHA ,
Petroleum ,
Refineries ,
Risk Management ,
Severe Weather ,
Toxic Chemicals
One of the recent efforts to promote the circular economy has included Extended Producer Responsibility (EPR) laws that give manufacturers responsibility for managing the waste associated with their products beyond the point...more
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more
2/7/2024
/ Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Warehouses
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 October 24, US banking regulators, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (the “agencies”), issued long-awaited guidance...more
The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under...more
Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations dealing with pig farming, the...more
Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may...more
On February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki announced that the US Department of Justice (DOJ) Antitrust Division was revisiting and withdrawing several policy statements that provided a key...more
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...more
1/20/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Environmental Justice ,
Environmental Policies ,
NEPA ,
New Guidance ,
New Regulations ,
NGOs ,
Superfund