Insights on Environmental

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.

This year, the environmental agenda has focused on “deregulation” to promote industrial competitiveness, as well as a sharpened focus on energy generation and transmission to support economic growth.

ArentFox Schiff is pleased to announce that 132 attorneys have been recognized by The Best Lawyers in America 2026, with two attorneys highlighted as “Lawyers of the Year” and 66 attorneys listed as “Ones to Watch.”

A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had bounced between state and federal courts for much of the last decade.

On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding.

The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and community groups all pursuing different agendas.

Recently introduced bipartisan legislation aims to significantly streamline the environmental review process for recipients of federal assistance.

The Trump Administration has proposed implementing a broad range of regulatory changes in order to promote the development of artificial intelligence (AI) in the United States.

Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions.