Environmental Law Advisor

On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States.

The Fifth Circuit has permitted the Biden Administration to resume using its preferred metric for calculating the “social cost of carbon.”

On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California’s Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions for cars and establish a zero-emissions vehicle program.

Last fall, we wrote about the EPA’s strategic roadmap regarding its goals for investigating, regulating, and remediating Per- and Polyfluroalkyl Substances (PFAS).

New legislation often starts a cat-and-mouse game between the executive branch and regulated entities related to how statutory language is implemented. While we often write about environmental statutes, the procedural mechanisms governing how statutes may be implemented are generally similar.

The “major questions” doctrine is likely to substantially affect environmental law.

Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year.

In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.”

The Biden Administration has indicated that the U.S Environmental Protection Agency (EPA) will include environmental justice issues among its priorities.

Property management companies (PMC) need to pay attention to a recent change in the U.S. Environmental Protection Agency’s (EPA) enforcement discretion concerning liability from renovations that could encounter lead-based paint.

On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, the Agency’s review of applications for new pesticide active ingredients (AI) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) will uniformly incorporate analysis und

As our colleagues have noted, the U.S. Supreme Court’s two vaccine-mandate-related decisions impact employers and have significant public health implications.

Demonstrating standing can be challenging for plaintiffs in environmental cases.

On January 5, EPA added 1-bromopropane (1-BP), which is also called n-propyl bromide, to the list of Hazardous Air Pollutants (HAP) under the federal Clean Air Act. 1-BP is used as a substitute for other HAPs in dry cleaning and other industries.

On December 7, 2021, the Illinois Environmental Protection Agency (IEPA) filed proposed amendments to Illinois’ groundwater quality standards with the Illinois Pollution Control Board (Board).

The top U.S. Department of Justice (DOJ) Environmental official has put corporate employees on notice that DOJ is increasing its focus on prosecuting individuals for environmental crimes, including the threat of jail time.

On November 16, Illinois enacted the Reimagining Electric Vehicles Act (REV Act) which states that its purposes include “reduc[ing] carbon emissions, creat[ing] new good-paying jobs, and generat[ing] long-term economic investment in the Illinois business economy.”

On November 2, 2021, the U.S. Environmental Protection Agency (EPA) announced a proposed rule involving three separate actions aimed at establishing a comprehensive and more stringent regulatory regime to reduce emissions from oil and gas operations across the United States (the Proposed Rules).

The United States Environmental Protection Agency (EPA) recently made several announcements regarding its goals for investigating, regulating, and remediating Per- and Polyfluoroalkyl Substances (PFAS), a group of chemicals used in a variety of consumer and industrial products since the early 1940s.

“Climate change is an emerging threat to the financial stability of the United States.”

Environmental justice remains a top concern for the Biden Administration.

The scope of the federal government’s enforcement power under the Migratory Bird Treaty Act (MBTA) has been an ever-evolving source of litigation and confusion for industries across the country.

On August 10, 2021, the Senate passed a bipartisan infrastructure bill that included many pieces of President Biden’s plan, but also contained numerous revisions, reflective of the compromises necessary to pass this ambitious legislation in the Senate.

Courts exist to adjudicate claimed harms. However, not every court can hear every claim.

We often think that environmental regulation comes top-down from Congress and Washington bureaucrats.