In their article “Are We There Yet? The Challenges of Litigating Clean Air Act Rules,” Mack McGuffey and Melissa Horne discuss the difficulties of getting final answers from the courts in the increasingly polarized political environment of Clean Air Act rulemaking.

“In recent years, hot-button regulations proposed by one administration have remained tied up in the courts when the next presidential transition occurs, allowing the new administration to reverse a challenged policy before the courts have even had a chance to decide the legality of the previous administration’s policy. This pendulum swing from one administration to the next can leave states and regulated entities trying to decide whether to gear up to comply with a new rule or wait and see if it dies on the vine once a new administration changes course, starting the cycle anew.”

Read their full article here.

The second article, Andrea Wortzel and Viktoriia De Las Casas authored “State Laws Provide New Pathways for Environmental Justice Claims,” highlighting three recent cases as examples of plaintiffs using state law provisions to establish new pathways to challenging environmental permits on the grounds of environmental justice.

“Without an enforceable environmental justice standard under federal law, states have started enacting their own laws to address the issue. A few states, for instance, adopted explicit environmental justice laws, while others have read environmental justice into existing provisions relating to site suitability or public health protection. Another group of states passed comprehensive energy policies that strive to address disproportionate impacts of pollution and climate change on low-income and minority communities. But even before states started enacting targeted environmental justice legislation, plaintiffs began recognizing opportunities to address their concerns through state regulatory programs.”

Read their full article here.

 


 

Published in Natural Resources & Environment Volume 36, Number 1, Summer 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Photo of Andrea Wortzel Andrea Wortzel

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply…

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply issues in the Commonwealth of Virginia. Beyond her water practice, Andrea advises clients on endangered species issues, landfill permitting and compliance, waste permitting, environmental compliance and audit programs and environmental enforcement defense. Andrea also regularly counsels clients on legislative and regulatory strategies to promote her clients’ objectives.

Photo of Viktoriia De Las Casas Viktoriia De Las Casas

Viktoriia is an environmental and natural resources attorney with experience in regulatory compliance, permitting, due diligence, enforcement, and litigation matters. She focuses her practice on advising clients on all aspects of compliance with the Endangered Species Act (ESA), the Bald and Golden Eagle…

Viktoriia is an environmental and natural resources attorney with experience in regulatory compliance, permitting, due diligence, enforcement, and litigation matters. She focuses her practice on advising clients on all aspects of compliance with the Endangered Species Act (ESA), the Bald and Golden Eagle Protection Act (BGEPA), and the Migratory Bird Treaty Act (MBTA). Viktoriia works with real estate developers, wind, solar, and transmission line operators, and other businesses on wildlife issues that come up during federal and state permitting. In addition, Viktoriia is a member of the firm’s State Energy Regulation practice where she represents clients before the Virginia State Corporation Commission and Maryland Public Service Commission. Over the years Viktoriia has also developed proficiency in advising clients how to address environmental justice requirements that arise in permitting, litigation, and other contexts. She has also been assisting clients in developing company-wide strategies for compliance with various reporting obligations, for example, EPA’s TSCA PFAS reporting rule.

Photo of Melissa Horne Melissa Horne

Melissa helps industrial and utility clients understand and navigate complex environmental requirements, with a focus on real-world implications for their business. She focuses her practice heavily on Clean Air Act and climate change issues, and advises clients on environmental justice and ESG matters.