On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would…
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/ Administrative Law, Constitutional Law, Environmental Law
On April 9, 2025, the White House published a new Memorandumentitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The…
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/ Administrative Law, Constitutional Law, Environmental Law
Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge pollutants…
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/ Administrative Law, Constitutional Law, Environmental Law
On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act (“ESA”)…
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/ Administrative Law, Energy & Utilities, Environmental Law
Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman…
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/ Administrative Law, Energy & Utilities, Environmental Law
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order,…
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/ Administrative Law, Energy & Utilities, Environmental Law
Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934,…
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/ Constitutional Law, Environmental Law, Securities Law
The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the State…
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/ Administrative Law, Environmental Law
The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise…
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/ Administrative Law, Constitutional Law, Environmental Law
On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden…
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/ Environmental Law
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…
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/ Environmental Law
On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future…
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/ Securities Law
The National Marine Fisheries Service (“NMFS”) and the U.S. Fish and Wildlife Service (“USFWS”) (together, the “Services”) have released three final rules related to implementation of the Endangered Species Act (ESA). The rules…
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/ Environmental Law
The U.S. Securities and Exchange Commission (SEC or Commission) finalized its climate change disclosure rule on March 6, 2024, reducing the final disclosure obligations from the initial proposal after thousands of comments from…
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/ Environmental Law, Securities Law
California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks. Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands…
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/ Business Organizations, Environmental Law
