August 15, 2019
by James D. Cromley, J. Michael Showalter, & Schiff Hardin
Litigation
Regulations
A recent Supreme Court decision indicates that at times, courts may be able to look beyond the existing administrative record when reviewing administrative decisions. In Department of Commerce v. New York, the Court looked beyond the record and blocked an agency decision that found to be based on a “contrived,” pretextual rationale.
By James D. Cromley, J. Michael Showalter, & Schiff Hardin, Guest Contributors
April 27, 2019
by Sean Murphy
Chemicals
Litigation
Regulations
Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?
April 11, 2019
by Stephanie Barbanell
Public Lands
Regulations
Wildlife
The proposed US-Mexico border wall may stop the migration of people, but what happens when it does stop the migration of animals?
April 5, 2019
by Max Chaffetz
Endangered Species
Environmental Law Review Syndicate
Federal Rollbacks
Litigation
Regulations
Wildlife
How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.
By Max Chaffetz, Managing Editor, Virginia Environmental Law Journal
March 1, 2019
by Sara Divett
Energy
Fossil Fuels
Natural Resources
Regulations
The Trump administration issued oil and gas drilling permits during the most recent shutdown without approval or appropriations by Congress and without following procedures for public participation. Can the administration really do this? If not, how do environmentalists prevent this from happening in future shutdowns?
February 21, 2019
by Kathryn Priester
Air
Energy
Federal Rollbacks
Fossil Fuels
Litigation
Regulations
Environmental groups and the State of California are up in arms over an EPA memo scrapping a decades-old Clean Air Act policy. Will the DC Circuit weigh in on the EPA’s use of “guidance” to drastically shift US regulatory policy?
February 13, 2019
by Robert Adler
Air
Climate change
Energy
Fossil Fuels
Regulations
Renewable Energy
While some companies celebrate the EPA’s deregulation efforts, other companies are starting to understand that economic and environmental efficiencies can run hand-in-hand. The Carbon Disclosure Project helps companies see the connection.
February 7, 2019
by Capriel Stevenson
Climate change
Federal Rollbacks
Regulations
The physical impacts of climate change affect companies and their profitability drastically. The SEC released guidance in 2010 urging companies to disclose the risks from climate change but has not further urged companies in recent years. Instead, the SEC has shifted towards regulating other issues the current administration has prioritized, leaving investors in the dark about the financial impacts climate change has on businesses.
November 21, 2018
by Sophie Grueterich
Endangered Species
Regulations
Sustainability
Wildlife
The Endangered Species Act, passed in 1973, was intended to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered and threatened…
October 18, 2018
by Gregory Harned
Endangered Species
Litigation
Regulations
Wildlife
This federal district court’s decision [to reverse the de-listing of the grizzly] has angered state officials and sparked a new debate about federalism and institutional competence
