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Pushing the United Nations for Recognition of Access to a Clean Environment as a Human Right

by John Habib The United Nations Human Rights Council passed Resolution 48/13 in October 2021. The Resolution recognizes as a human right a person’s access to a clean, healthy, and sustainable environment. Non-governmental organizations are now pushing the United Nations General Assembly to formally adopt Resolution 48/13. The United States did not take part in […]

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JH
Associate

EPA Removes Obstacles to “Sue and Settle”

by Mitchell J. Klein In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by some as “sue and settle” tactics. While the settlement of lawsuits is, of course, a common […]

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MK

The Geopolitics of Energy

by Raymond S. Heyman Russia’s invasion of Ukraine has brought to the forefront the key role that energy policy plays in international relations.  Many countries sympathetic to Ukraine, but not wanting to escalate the conflict by sending troops, have discussed or actually imposed economic sanctions on Russia.  One obvious target area for sanctions is Russian […]

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RH
Former Partner

Will the Sackett Test Clarify the Reach of Clean Water Act Jurisdiction?

by Michael C. Ford “Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of every Clean Water Act practitioner’s tongue.  In a surprise move, the Supreme Court of the […]

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So, What Exactly Is A Water Of The U.S.?

by Patrick J. Paul The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust.  The Supreme Court’s 2006 decision in Rapanos v. U.S. epitomized the challenges in finding consensus on […]

Supreme Court Grants Cert On GHG Regulation Of Power Plants

by Patrick J. Paul On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung Association v. EPA, No. 19-1140 (D.C. Cir. 2021). More to the point, the D.C. […]

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What Will EPA Do with Its New Superfund Money?

by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to cover crude oil. In addition to this new tax stream, the House has already approved […]

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MK

Bipartisan Infrastructure Package Passes the Senate

by Amanda A. Reeve Arizona’s Senior U.S. Senator Kyrsten Sinema is credited as being instrumental in negotiating the $1.2 trillion infrastructure package, H.R. 3684, entitled “Investing in a New Vision for the Environment and Surface Transportation in America Act (“INVEST in America Act”), as amended, that passed with bipartisan support (69-30) in the U.S. Senate on […]

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AR
Environmental & Regulatory Policy Advisor

U.S. House Passes PFAS Action Act of 2021

by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021.  The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting the legislation.  H.R. 2467 would regulate toxic chemicals found in drinking water, as well as […]

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