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6 results

October 30, 2024

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3 min read

Presidential Election Implications on Methane and VOC Regulations for the Oil and Gas Industry

A recent decision by the Supreme Court of the United States—to deny requests from states and industry groups to stay enforcement of the EPA’s rulemaking
on methane and volatile organic compound (VOC) emissions—was deemed a success by the EPA in its efforts to curb emissions from the oil and gas industry.
...Read more

March 7, 2024

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6 min read

Louisiana Decision Undercuts EPA Title VI Efforts on Environmental Justice

A district court in Louisiana has barred the EPA and the Department of Justice from imposing disparate-impact-based requirements against the State of
Louisiana or its State agencies in civil rights cases under Title VI of the Civil Rights Act of 1964. This decision is likely to serve as a template for other states to
oppose the EPA’s use of disparate impact analyses when advancing environmental justice policies and investigations.
...Read more

December 4, 2023

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4 min read

EPA Revises Guidance on Assessing Environmental Justice in Regulatory Analysis

On November 15, 2023, the Environmental Protection Agency (EPA) released a draft revision of the Technical Guidance for Assessing Environmental Justice in
Regulatory Analysis (Guidance). The draft Guidance updates EPA’s original environmental justice (EJ) technical guidance published in 2016. The Guidance is an
internal EPA policy that outlines and refines how EPA should evaluate EJ concerns in regulatory actions. While it is an internal-facing document, th...Read more
...Read more

March 1, 2022

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7 min read

FERC Now To Consider Climate Change and Environmental Justice When Approving Natural Gas Facilities

The Federal Energy Regulatory Commission (FERC) has changed the standards it applies when approving a natural gas project. Going forward, FERC’s
approval framework will consider downstream environmental effects from the use of transported natural gas—including putative impacts on climate change
and environmental justice communities. There are, however, legal questions regarding FERC’s expanded view of its authority.
...Read more

November 18, 2021

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4 min read

EPA to Affirmatively Enforce Title VI

The Environmental Protection Agency (“EPA”) is “taking a fresh look” at its authority to prioritize environmental justice.  This includes the EPA’s “affirmative
authority” to use Title VI of the Civil Rights Act to address disparate impacts.  This has significant implications for entities seeking federal environmental
permits or funding.  Questions exist, however, regarding whether the EPA’s—or any federal agency’s—statutory authority under Title VI is so broad. 
...Read more

October 13, 2021

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8 min read

An EJ Roundup: EPA Implementation of Environmental Justice Is Taking Shape

The concept of environmental justice (EJ) is often talked about. But tracking the tangible steps the Biden administration is taking to advance EJ can be difficult.
In its early days, the Biden administration issued the (Executive Order 14008).
...Read more

About This Blog

Winston’s Environmental Law Update focuses on environmental legal, regulatory, and policy issues facing manufacturers, energy, retailers, real estate, and financial institutions. As the political, corporate, and regulatory responses to recent environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy, compliance, and execution.

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