Environmental Enforcement

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On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act…

The U.S. EPA unveiled a new notification service this week called ECHO Notify. This new tool will allow the public to receive weekly e-mails notifying them of EPA- and state-led environmental enforcement actions and violations. A subscriber can request to be notified based on a specific EPA Facility ID, ZIP code, county, or state.…

At his confirmation hearing earlier this year, Attorney General Merrick Garland identified the policing of corporate crime and enforcement as a key priority of the Biden administration. In an address at the ABA’s recent National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced three significant actions to strengthen the Department of Justice’s…

On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities over the next four years and how EPA will accomplish those priorities. The Biden administration has prioritized environmental justice and the…

On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the southern coasts of Martha’s Vineyard and Nantucket. ACK RATs’ chief concern is the potential impact that the Vineyard Wind project will have…

September 2, 2021, the Environmental Protection Agency (EPA), in collaboration with the Department of Defense (DOD), released the first EPA-validated laboratory analytical method to test for per- and polyfluoroalkyl substances (PFAS) in eight different environmental media. Method 1633, currently in draft form, is a single-laboratory validated method to test for 40 PFAS compounds in wastewater,…

As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took a step to add some teeth to the Biden Administration’s commitment to increase environmental enforcement in communities disproportionally impacted by…