Greg L. Johnson

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On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (the “2020 BiOp”), and corresponding Incidental Take Statement (“ITS”), for violations of the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., and Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq.
Continue Reading Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities

The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.
Continue Reading EJ Analysis Remains Part of Louisiana’s Public Trust Duty

This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities. …
Continue Reading EPA Releases New Version of EJScreen

On July 1, 2024, the United States Supreme Court extended the deadline for challenging agency actions under the Administrative Procedure Act (“APA”), holding that the statute of limitations period does not begin to run “until the plaintiff is injured by final agency action.”…
Continue Reading SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA

On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion

On May 23, 2024, Louisiana Governor Jeff Landry signed into law the Community Air Monitoring Reliability Act (“the Act” or “CAMRA”). This Act sets standards for community air monitoring programs to ensure that the data collected from such programs provides the public accurate air quality information. …
Continue Reading Louisiana Enacts Community Air Monitoring Reliability Act, Establishing Uniformity for Monitoring and Parameters for Data Use

On April 17, 2024, the Environmental Protection Agency (“EPA”) issued a Civil-Criminal Enforcement Coordination Policy (“Policy”) that requires EPA’s civil and criminal enforcement offices to collaborate throughout the planning and enforcement process.
Continue Reading EPA Issues Civil-Criminal Enforcement Coordination Policy, Changing Approach to How It Handles Collaboration Between the Two Offices

EPA issues two rules for regulating #PFAS under the #SDWA and #CERCLA. The rules (1) set enforceable limits in drinking water for six PFAS, and (2) designate two PFAS as #hazardous substances.
Continue Reading EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries

On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA.
Continue Reading EPA’s Proposed Rules for Regulating PFAS under the Resource Conservation and Recovery Act

LDEQ issued regulations implementing Louisiana’s first-ever voluntary environmental self-audit program. The regulations provide for the reduction or elimination of civil penalties for certain violations disclosed to LDEQ as the result of a voluntary environmental self-audit. Read more about the regulations here.
Continue Reading LDEQ Releases Louisiana’s First-Ever Voluntary Environmental Self-Audit Program