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EPA’s Groundwater Guidance Is Vague, Not Likely To Be Finalized

Tue Dec 15th, On Litigation, Rulemaking and Legislative Practice, by

This week the U.S. Environmental Protection Agency (“EPA”) issued a draft guidance on compliance with the Supreme Court decision regarding Clean Water Act (“CWA”) permits for groundwater pollution. The draft guidance narrowly interprets the permitting required by the April Supreme Court decision in County of Maui v. Hawaii Wildlife Fund. In Maui, the Court ruled Clean Water Act permits can be required under certain circumstances when pollution hits groundwater before […]

SEC Signals Intention to Encourage Increased ESG Investing, Possible Guidelines

Tue Nov 17th, On Compliance Counseling, by

The current SEC Commissioner, Allison Lee, recently signaled the agency’s desire to encourage financial institutions to consider environmental issues when evaluating their investments. Identifying climate change as a specific and increasing threat to the U.S. economy, the Commissioner called for more regulated disclosures of environmental, social, and corporate governance (“ESG”) risks, particularly with regard to financial institutions known to invest in fossil fuels. Lee identified climate change as a systemic […]

A Mixed October for Tribes Looking to be Viewed As a State for Environmental Regulatory Purposes

Fri Nov 13th, On Rulemaking and Legislative Practice, by

October 2020 was a mercurial month for tribes hoping to control environmental regulations on tribal lands. Early in the month, a SCOTUS ruling designated a large portion of Oklahoma as being part of Indian Country, a decision which paradoxically resulted in the U.S. Environmental Protection Agency (“EPA”) granting the state full control over the lands’ environmental regulation. Later in the month, a regional office of the EPA granted treatment as […]

Environmental Groups Sue Homeland Security To Force Review of Tear Gas Munitions in Portland

Wed Nov 11th, On Litigation, by

In recent months, the city of Portland has been subject to near-nightly barrages of tear gas and other chemical munitions in response to protests. Though local police used some tear gas munitions in response to early protests, the sustained, repeated, high-volume use of CS gas (2-chlorobenzylidene malononitrile) has been deployed by federal troops sent by the Department of Homeland Security (“DHS”) at the behest of the White House, in fulfillment […]

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