This week, two senior U.S. Department of Justice (DOJ) Environment and Natural Resource Division (ENRD) officials used their remarks to the American Bar Association’s annual National Environmental Enforcement Conference to convey a clear message: environmental enforcement, and in particular criminal enforcement, is back. Companies and individuals should expect more robust investigations that draw on the expertise and jurisdiction of various federal agencies, while prosecutions will be driven by enhanced DOJ criminal enforcement policies.
Continue Reading DOJ Environment Officials Emphasize Enforcement of Environmental and White Collar Crimes

The American Bar Association published an article, Navigating Environmental Justice Issues in Federal Permitting, which discusses Environmental Justice in federal permitting by Hunton Andrews Kurth attorneys Kerry McGrath, Andrew Turner, John Bobka, and Mayer Brown attorney Lauren Bachtel.
Continue Reading Navigating Environmental Justice Issues in Federal Permitting

In the wake of new and enhanced environmental justice policies issued by the federal and state governments, it behooves lawyers practicing in any discipline to account for EJ issues in their legal practice. This article identifies considerations for lawyers who will confront and seek to manage EJ issues in their transactional practice.
Continue Reading Environmental Justice Considerations in Business Transactions

Environmental, social and corporate governance (ESG) – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.

Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?

Environmental justice and equity issues have taken center stage as part of the national conversation on the environment, climate change and racial equality. As we have explained, environmental justice will be a central focus of the Biden administration, as reflected in a recent Executive Order that declares federal agencies:

shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts.

Continue Reading Green Amendments: A Fundamental Right to a Healthy Environment?

Late last year, New Jersey became the first state to require via legislation that its environmental state agency evaluate the contributions of certain facilities to existing environmental and public health stressors in overburdened communities when reviewing certain permit applications. California, never to be outdone, has begun its own legislative process to further incorporate environmental justice into state decision-making.

Continue Reading California Takes Steps to Incorporate Environmental Justice into Permitting Decisions

On March 18, 2021, the Massachusetts House joined the Senate in passing a revised, historic climate legislation that appears to finally have enough support from the Governor’s office to be signed into law.  As we have highlighted in this blog previously, complete agreement between the Commonwealth’s executive and legislative branches on the Next-Generation Roadmap for Massachusetts Climate Policy S.9 (the “Bill”) has proven elusive.  When we last left this topic, the Governor of Massachusetts was faced with a decision to: (1) sign the Bill; (2) veto it for a second time; or (3) return the Bill to the Legislature with recommended amendments.  On February 7, 2021, the Governor did the latter, returning the Bill to the Legislature with approximately 50 recommended changes to various sections within the Bill.  On March 15, the Senate adopted certain further amendments to the original Bill, which the House then likewise adopted on March 18th, and again laid the Bill before the Governor. This leaves the Governor another ten days to either sign the Bill or veto it for the third time and face the possibility of a Legislative override.
Continue Reading Third Time’s the Charm? Massachusetts Climate Legislation Finally Set to Become Law

As we have explained, environmental justice will be a central focus of the Biden-Harris administration. A recent Executive Order declares federal agencies “shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts.” Both big and small, changes are coming at the federal level on permitting, rulemaking, enforcement, and other actions that will have a practical impact on corporations and communities.
Continue Reading California Launches Updated Environmental Justice Screening Tool

As the Biden Administration settles in and begins to appoint its designees to key executive and administrative agencies, a series of policy objectives are coming into focus.  Chief among them is expanded attention and regulation in the ESG space regarding environmental, social and governance issues at American businesses. In this post, we survey the expected direction of these initiatives at, for example, the SEC, Department of Labor, and EPA.

Continue Reading A Preview of ESG Regulation under the Biden Administration