February 7, 2024
by Andrew Lloyd Bellah
Climate change
Regulations
Proposed changes to regulations affecting banks in the United States could potentially jeopardize wind, solar and other renewable energy projects that have relied on tax-equity financing to get off the ground, drawing criticism to regulators charged with the long-term stability of the financial system. The proposed rules, which require banks to hold greater reserves against direct investments in clean energy projects, play into a broader debate over whether a transition to sustainable energy and mitigating the existential risk of climate change fall within the purview of the Fed and other financial regulators.
January 5, 2024
by Eli Merkadeau
Climate change
Regulations
State and Local
Against the backdrop of a Supreme Court highly skeptical of agency action, the meat industry has seen legislation from both states seeking environmental improvements and states looking to support their meat producers. Given the Court’s willingness to defer to impactful state legislation, states may be allowed to duke it out and try to exert control over the production of meat and meat alternatives on a national level.
December 4, 2023
by Bill Shultz
Regulations
State and Local
Water
Concentrated animal feeding operations are explicitly named as a point source under the Clean Water Act, but the EPA has been woefully ineffective at monitoring and regulating manure discharges, leaving water and human health at risk.
November 15, 2023
by Chelsea Welch
Chemicals
Fossil Fuels
Natural Resources
Regulations
State and Local
Newly proposed EPA regulations targeting coal ash pollution and an expected denial of Alabama’s proposed state regulatory program show EPA’s willingness to flex its muscles in addressing the legacy of one of the country’s largest industrial waste streams.
November 6, 2023
by Berit DeGrandpre
Litigation
Regulations
The Supreme Court has agreed to reconsider the Chevron doctrine this term. This article explores why overruling or limiting the doctrine may not have a watershed impact on environmental law.
October 6, 2023
by Connor Kolet
Climate change
Regulations
State and Local
After New York City experienced shocking flash floods on September 29th, its lack of long-term solutions to chronic flooding has come under media scrutiny. In this article, Connor Kolet addresses the shortcomings of new short-term disclosure policies for renters in flood zones, and why more needs to be done for low income and vulnerable tenants.
September 28, 2023
by Charlie Dwight
Chemicals
Climate change
Litigation
Regulations
As American consumers focus more on how their consumption habits impact the environment, companies are seeking to capitalize by claiming their products are “green” even if these claims are dubious – a practice known as greenwashing. In this article, Charlie Dwight walks through the legal landscape of greenwashing and argues FTC and SEC enforcement would help crack down on the practice.
February 26, 2023
by Doug Hicks
Regulations
Water
The Environmental Protection Agency (“EPA”) is finalizing a rule that allows state criminal negligence enforcement programs approved under the Clean Water Act (“CWA”) to carry different mens rea requirements than those required for federal CWA…
February 1, 2023
by Alyssa Greenstein
Oceans
Regulations
Sustainability
Wildlife
U.S. Senators Jack Reed (D-RI) and Jim Inhofe (R-OK), respectively the Chairman and Ranking Members of the Senate Armed Service Committee, and U.S. Representatives Adam Smith (D-WA) and Mike Rogers (R-AL), their counterparts on the House Armed Services…
October 23, 2022
by Casey Hellman
Climate change
Regulations
Sustainability
WHAT IS THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL?
On January 27, 2021, President Biden issued Tackling the Climate Crisis at Home and Abroad, an executive order intended to increase the primacy of climate issues in domestic and foreign policy…
