May 2023
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Avoiding Default and Streamlining NEPA—Can the Fiscal Responsibility Act of 2023 Accomplish Both Objectives?
Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)–which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default–are provisions that seek to amend the National Environmental Policy Act (NEPA) for the first time in over 40 years. Although the FRA’s provisions greenlighting the federal… Continue reading
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Supreme Court Narrows Scope of Clean Water Act in Landmark Sackett Case
The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of the CWA, and supplies some harsh critiques between the Justices that all agreed in the judgement… Continue reading
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Embracing Environmental Justice Initiatives to Advance Corporate Objectives
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically overburdened communities and those disproportionately impacted by health and environmental stressors. President Biden then capped the week off by issuing an Executive Order on Revitalizing… Continue reading
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In a Choose Your Own Adventure – Approach, EPA Proposes Greenhouse Gas Emissions Standards for New and Existing Power Plants
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule (Proposed GHG Rule). This article… Continue reading
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Department of Justice Secures First Title VI Environmental Justice Resolution Agreement
On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an investigation DOJ and the Department of Health and Human Services (DHHS) initiated in November 2021 into whether ADPH violated Title VI of the Civil… Continue reading
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New York Becomes First State to Pass Natural Gas Ban for New Construction
On May 2, 2023, New York passed its 2024 fiscal year budget, including a prohibition on fossil fuel equipment and building systems in new construction. The policy will go into effect in 2026 for new buildings not more than seven stories tall, except for new commercial or industrial buildings greater than one hundred thousand square… Continue reading