A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision and its ramifications here.
Continue Reading EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting

In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here.
Continue Reading Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty

At long last, the State of Louisiana’s request to take over primary enforcement authority for the permitting of Class VI injection wells has been approved. What does this mean for CCS in Louisiana?
Continue Reading Louisiana Granted Primacy Over Class VI Injection Wells

On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. This 2015 SIP Call rule focused on the treatment of excess emissions during periods of startup, shutdown, or malfunction (SSM).

A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” District of Columbia v. Exxon Mobil Corporation, et al., No. 22-7163 (Dec. 19, 2023) (“D.C. v. Exxon”).
Continue Reading Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation

EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis. The proposed revisions incorporate portions of Executive Order 14096, and they align with the federal government’s push to enhance community involvement, to assess cumulative impacts, and put EJ issues front and center in agency decision-making. Read more about the proposed changes here. #environmentaljustice
Continue Reading EJ Evolution: EPA Issues Draft Revision of Technical Guidance for Assessing Environmental Justice in Regulatory Analysis

The Council on Environmental Quality’s recent proposed revisions to NEPA regulations would explicitly include environmental justice in the NEPA process and codify a definition for the term. This proposal signals an upcoming first, a fixed place for EJ in federal law.
Continue Reading EJ Evolution: Proposed NEPA Regulations Spotlight Environmental Justice

EPA administratively closed its Title VI investigations into whether LDEQ and LDH engaged in racial discrimination when issuing approvals for two Louisiana facilities. To find out more about how this impacts environmental justice considerations in Louisiana, read it on the Energy Law Blog.
Continue Reading EJ Evolution: EPA Closes Title VI Investigations into LDEQ and LDH

On June 8, 2023, the Ocean Policy Committee (composed of members from the Council on Environmental Quality and Office of Science and Technology Policy) published a Request for Information, seeking input on developing an “Ocean Justice Strategy.” This strategy will focus on environmental justice (“EJ”) concerns for communities residing near the ocean, coasts, and Great

On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. The plaintiffs, nearby residents, challenged the Bureau of Ocean Energy Management’s (“BOEM”) final Environmental Impact Statement and the National Marine Fisheries Service’s (“NMFS”) Biological Opinion related