EPA Will Ramp Up Environmental Enforcement, Focus on EJ Communities

EPA Will Ramp Up Environmental Enforcement, Focus on EJ Communities

EPA’s acting chief of enforcement sent a memo to staff last week (that The Hill obtained) calling for them to “[s]trengthen enforcement in overburdened communities by resolving environmental noncompliance through remedies with tangible benefits for the community” with a particular emphasis on “cornerstone environmental statutes.” 

Why This Matters: The Biden administration can immediately make progress correcting environmental injustice through fair and strong enforcement of current laws

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Federal Environmental Enforcement Is Back, While Trump Hotel Violates IL State Laws

Federal Environmental Enforcement Is Back, While Trump Hotel Violates IL State Laws

The Justice Department’s Environmental lawyers last week reversed numerous Trump administration policies, including one that allows companies to do environmental restoration and remediation projects as part of their fines and penalties.  At the same time, a state court in Illinois held the Trump International Hotel in Chicago had violated state environmental laws because it was using river water without a valid permit.

Why This Matters:  Our environmental laws are only effective if there is a credible threat of enforcement to ensure compliance, and when it is clear that no one — even a former-President — is above the law.

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Supreme Court Could Determine the Future of Climate Lawsuits

Supreme Court Could Determine the Future of Climate Lawsuits

On Tuesday, the Supreme Court will hear arguments on this issue in BP Plc v. Mayor & City Council of Baltimore, which could determine whether or not oil companies are held accountable for climate change damages to cities and states.

Why This Matters: If SCOTUS rules in favor of BP, future climate litigation will likely be fought in federal courts, which experts say are “less responsive to expansive legal theories,”  and thus less likely to rule in favor of these innovative new climate cases based on state law. Whoever wins this case will have a leg up in future climate litigation.  

 

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Judge Garland Will Bring Rare Environmental Experience to Attorney General Role

Judge Garland Will Bring Rare Environmental Experience to Attorney General Role

Judge Merrick Garland is expected to “respect science and the rule of law” if confirmed as Attorney General. Plus he has deep experience, having heard many environmental cases over his twenty-plus years on the bench in Washington, D.C. 

Why This Matters: I (Monica) can’t think of an Attorney General who has spent this much time digging into the details of challenging environmental cases.

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