Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 SEPTEMBER 2022

EPA Unveils Updated Legal "Toolbox" To Address Environmental Justice Concerns

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Contributor
Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

About Kelley Drye We’re focused—in key areas of the law and on the nuances of each matter—to help...

View firm profile
Explore more from Kelley Drye & Warren LLP

Earlier this quarter, the Environmental Protection Agency (EPA) released an updated legal "toolbox" to further the Administration's goal of achieving environmental justice (EJ) in historical...

United StatesEnvironment
Will Petit
Will Petit
Lauren H. Shah
Lauren H. Shah
Maria Pimienta
Maria Pimienta

Earlier this quarter, the Environmental Protection Agency (EPA) released an updated legal "toolbox" to further the Administration's goal of achieving environmental justice (EJ) in historical "EJ Communities."1 The White House Environmental Justice Advisory Council defines "EJ Communities" as:

geographic location[s] with significant representation of persons of color, low-income persons, indigenous persons, or members of Tribal nations, where such persons experience, or are at risk of experiencing, higher or more adverse human health environmental outcomes.

While originally published in 2011, this is the toolbox's first update since its publication. The updated toolbox is significantly longer than the original toolbox and includes a new chapter dedicated to civil rights in federal assistance programs. The toolbox reflects recent statutory changes, and evaluates how the EPA can use the framework of the existing major environmental laws—the Clean Air Act

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

California SB 253: CARB Sets Nov. 10, 2026, Deadline For Scope 1 And Scope 2 Emissions Reports

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Congress Passes New Russian Sanctions Bill Providing Additional Tariff Authority To Address Countries That Purchase Russian Energy, Facilitate Evasion Of Russian Sanctions

The U.S. House of Representatives has passed H.R. 5334, the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, which directs the President to impose tariffs of up to 500 percent on Russian imports and up to 100 percent on imports from countries that are significant purchasers of Russian energy. The bill includes provisions for Presidential waiver authority and a five-year sunset clause...
GlobalInternational Law
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

California’s 2026 Legislative Session Wraps: A Wave Of Privacy And AI Bills Reaches The Governor, With Key Child Safety And AI Measures Signed Into Law

California's 2026 legislative session concluded with Governor Newsom signing several landmark privacy and AI bills into law, including comprehensive child safety measures, AI auditor oversight frameworks, and expanded data protection requirements. How will these new regulations reshape digital advertising, workplace AI deployment, and online platform obligations for businesses operating in California?
United StatesPrivacy
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

National Historic Preservation Act Overhaul: What You Need To Know

The Advisory Council on Historic Preservation has advanced a Notice of Proposed Rulemaking that would fundamentally restructure Section 106 of the National Historic Preservation Act, marking the most significant regulatory overhaul in over 20 years. The proposed changes would shift the consultation process from a multi-step framework to an agency-prepared report system, narrow the scope of protected properties, and grant federal agencies greater unilateral authority in resolving adverse effects.
United StatesGovernment, Public Sector
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

FTC Releases FAQs On Auto Pricing: What Dealers And Advertisers Need To Know

If you’re a dealer, an ad agency handling automotive accounts, or in-house counsel advising automotive clients, the Commission’s latest guidance on auto pricing transparency deserves a careful read. The guidance echoes familiar principles we’ve heard in other areas from federal and state regulators related to the expectation for all-in pricing, with important nuances unique to the auto industry.
United StatesConsumer Protection
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

FCC Revises TCPA Consent Revocation Rules: Exclusive Opt-Out Methods, Category-Specific Revocations, And Other Key Changes

The Federal Communications Commission has unanimously approved sweeping changes to its Telephone Consumer Protection Act consent revocation rules, fundamentally altering how businesses must handle consumer opt-out requests for calls and texts. These new regulations replace the controversial 2024 "revoke all" rule with more flexible options that allow companies to designate exclusive opt-out methods while distinguishing between marketing and informational messages.
United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

Class Action Follows NACA’s Polymarket Influencer Lawsuit

Polymarket faces multiple lawsuits alleging deceptive influencer marketing practices, including undisclosed paid endorsements and staged betting videos on fake platform copies. A new class action complaint claims content creators filmed winning bets on simulated Polymarket websites built by the company, with some videos allegedly showing fabricated results that would have resulted in significant losses on the real platform.
United StatesConsumer Protection
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP