Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On April 16, 2021, Interior Secretary Deb Haaland issued two Secretarial Orders intended to prioritize battling the effects of climate change by promoting cleaner energy and modifying the decision-making process concerning federal energy development projects. SO 3398 aims to bolster implementation of the National Environmental Policy Act (NEPA). The order directs Interior Department offices to …
The U.S. Court of Appeals for the Ninth Circuit has declined to rehear the high-profile Juliana v. United States case, which has been followed by Environmental Law Monitor here, here, and here. Last January, the Ninth Circuit dismissed the case for lack of Article III standing, and last week, a little over a year after …
As an unprecedented amount of wild fires continue to ravage the state of California, Gov. Gavin Newsom issued Executive Order N-79-20 on September 23, 2020, banning the sale of new gasoline-powered cars and trucks by 2035—an aggressive attempt to combat the effects of climate change. The order recognizes that bold action is needed to eliminate emissions from transportation, which is the …
On September 9, 2020, the U.S. Commodity Futures Trading Commission (CFTC) issued a report of the climate-related market risk subcommittee. Throughout the report, the CFTC highlights the significant emphasis that must be placed on climate change, as threats related to such changes may impact U.S. financial institutions and regulators. The report is critical, as it …
As many individuals read this from the safety of their homes, significant time and energy is focused around the impact on human health, the economy, our families, and so many other areas that have been impacted by COVID-19. However, while the thought of entire cities, trains, airports, and public businesses being shut down indefinitely has evoked fear among …
Earlier this month, the Trump Administration released its Fiscal Year 2021 Budget requests. As it has in previous years, the administration has proposed steep cuts in funding for the United States Environmental Protection Agency (EPA). Other agencies, such as the U.S. Department of the Interior (DOI), U.S. Department of Energy (DOE), and the U.S. Army Corps of Engineers …
Across the United States, local governments and state legislatures have focused their efforts on reducing and/or eliminating the use of plastic bags at grocery stores and other businesses. Such a reduction is significant to reducing harmful impacts suffered in oceans, lakes, rivers, forests, and other natural habitats for creatures. Furthermore, the implementation of regulations and …
A federal judge in Boston, Massachusetts is considering a motion from the Massachusetts attorney general to remand the case back to state court from federal court. The case was removed to federal court in late 2019, and Attorney General Healey’s request to remand the case was received on Jan. 2, 2020. In the motion, the attorney general noted that …
The Council on Environmental Quality (CEQ) proposed a new rule on January 10, 2020 to alter the procedural provisions of the National Environmental Policy Act (NEPA). NEPA requires federal agencies to review the potential environmental effects of all federal, federally-assisted, and federally-licensed actions, and analyze potential alternative solutions before making a final decision on such actions. In essence, agencies are required to comply …
Last week, eight states and the District of Columbia announced a joint commitment to develop an agreement and action plan to support accelerated development of medium and heavy-duty zero emissions trucks and buses. In a joint statement of intent entitled “Multi-State Medium-and Heavy- Duty Zero Emission Vehicle Initiative,” California, Connecticut, the District of Columbia, Maine, Massachusetts, New Jersey, Oregon, Rhode Island, and Vermont declared their intent …