Clare M. Bienvenu

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EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.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 EPA is seeking comments on its recently-published Supplemental Notice of Proposed Rulemaking, which proposes national performance standards under the Vessel Incidental Discharge Act. The EPA presents new data on ballast water management systems and solicits public comments on the standards and definitions applicable to ballast tanks, hulls and associated niche areas, and graywater systems. The Supplemental Notice of Proposed Rulemaking brings VIDA one step closer to full implementation. …
Continue Reading EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. But what happens when a vessel spills oil in the territorial waters of another country? …
Continue Reading Oil Spill Liability: OPA 90 v. the IMO’S CLC

EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule

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…

The U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. The Court’s ruling holds…

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…

On April 21, 2023, the Biden administration reinforced and expanded its commitment to promoting environmental justice by signing new Executive Order 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All.” This executive order is the latest in a series of actions under the Biden Administration that build upon Executive Order 12898, signed in 1994…