Climate, ESG Top Lee’s List at SEC
In a March 15, 2021 address to the Center for American Progress, SEC Acting Chair Lee was clear: No single issue has been more pressing…
Environmental Law Matters
Climate Gets Heated at the SEC
On March 4, Acting Chair Allison Herren Lee announced the creation of a “Climate and ESG Task Force” of 22 members from across the Enforcement…
SEC to Review Public-Company Climate-Change Disclosures
Acting SEC Chair Allison Herren Lee issued a February 24 statement directing the Commission Staff to review public-company climate-change-related disclosures. The staff will assess current…
Financial-Services Associations Release Principles for Financing Sustainable Low-Carbon Economy
The U.S. Climate Finance Working Group released its February 18, 2021 policy statement, “Financing a U.S. Transition to a Sustainable Low-Carbon Economy.” The Working Group…
DOJ Clarifies Federal Role in Clean Water Act Enforcement
In late July, the Environment and Natural Resources Division (“ENRD”) of the Department of Justice released a memo setting forth the Division’s policy for handling…
U.S. EPA Announces Termination Date For COVID-19 Enforcement Policy
Three months after issuing its COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program temporary policy memorandum suspending enforcement of certain environmental requirements, the U.S.…
Alabama Land Application Regulatory Deadline Approaching
In early 2020, the Alabama Environmental Management Commission promulgated rules establishing procedures by which the Department of Environmental Management will regulate land application of eligible…
Supreme Court Ends Debate Over the Reach of Clean Water Act Permitting
Apropos of the ongoing celebrations for the 50th anniversary of Earth Day, the U.S. Supreme Court today released its opinion in the Clean Water Act…
U.S. EPA Releases COVID-19 Enforcement Guidance
In a much-anticipated memo dated March 26, 2020, the U.S. EPA shares “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The memo, from Assistant…
EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters
On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as…