New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands

by John W. Andrews On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic sequestration of … Continue reading

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Office of Environmental Justice & Reviving Supplemental Environmental Projects

by Luke Narducci and Amanda Reeve On May 5, 2022, the U.S. Department of Justice (“USDOJ”) announced the launch of a new comprehensive environmental justice (“EJ”) strategy. The three-prong strategy, as laid out by the U.S. Attorney General in an … Continue reading

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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 … Continue reading

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Supreme Court Reinstates Trump Clean Water Rule (For Now)

by Patrick J. Paul On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects under Clean … Continue reading

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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by Mitchell J. Klein In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by some … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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