Insights on Environmental

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others.

A federal court’s recent ruling shields members of a national trade association from Oregon’s Extended Producer Responsibility (EPR) program pending trial, raising constitutional questions that could affect similar programs in other states.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

Policymakers at the federal, state, and local levels have questioned whether investment decisions can or should hinge on environmental, social, and governance (ESG) factors, with courts in Texas a particular hotspot for litigation over these efforts.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

Trump Administration efforts to quash state-driven climate action were recently dealt a setback when a Michigan federal court rejected a federal effort to quash state claims focused on the fossil fuel industry.

Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards.

Partner J. Michael Showalter was quoted on how the Environmental Protection Agency’s (EPA) new “compliance first” doctrine may not mean less agency enforcement, despite concerns from environmental advocates.

Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act (NEPA) reviews. However, a decision issued in December 2025 illustrates that agencies cannot defer conducting NEPA-required reviews until after project approval.

Partner J. Michael Showalter was quoted on how non-governmental organizations focused on climate advocacy are expected to intensify litigation efforts this year against major oil and gas companies, regardless of multiple state court losses in 2025.

ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.

Companies have long dreaded litigation filed by federal environmental regulators because such cases tended to last forever and posed financial and representational risk.

Partner J. Michael Showalter, an International Bar Association (IBA) Environmental, Health and Safety Law Committee officer, was quoted on circular economy and the “extended producer responsibility (EPR)” that manufacturers are expected to take on.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA). CRGA makes significant updates to Illinois’ current statewide siting and zoning framework for renewable energy projects and creates a statewide standard for energy storage projects.

Partner J. Michael Showatler was quoted on the US Supreme Court agreeing to hear an appeal on two lawsuits brought by Louisiana localities against Chevron Corp. and other major oil companies.

In the environmental space, there is perhaps no more closely watched issue than how the US Environmental Protection Agency (EPA) defines the Clean Water Act term, “waters of the United States.”

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating incentives for energy storage projects.

A recent European Court of Human Rights (ECHR) decision on the obligations of European states to study carbon-intensive permitting decisions crystallizes how global climate commitments may be beginning to harden into justiciable standards in some jurisdictions.

On his first day in office, President Trump declared a national energy emergency and instructed federal agencies to use emergency procedures to facilitate domestic energy production. On October 29, the US Army Corps of Engineers issued its first Clean Water Act Section 404 permit under the president’s energy emergency declaration and its emergency procedures.

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

The US Supreme Court has declined to review the Fifth Circuit’s decision in St. James Parish v. Inclusive Louisiana, leaving intact a unanimous ruling that environmental justice (EJ) organizations have standing to pursue a civil rights challenge to St. James Parish’s land-use practices in Louisiana’s industrial corridor.

The first nine months of the Trump Administration have seen extensive use of Executive Orders (EOs) to “deregulate” and otherwise rollback Biden-era environmental policies.

A proposed settlement in a Pennsylvania case and a citizen suit letter in South Carolina signal that discharging plastic into rivers and streams may trigger liability under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA). Manufacturers who use plastics in their products or processes should evaluate if any plastic releases exceed their current permit conditions.

Industrial property transfers are drawing renewed interest from both domestic and foreign investors. These assets can be attractive, but US environmental law imposes strict, often joint and several, liabilities that can create significant risk for buyers.