In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental RegulationChristopher Bell
Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes internal investigations, responding to grand jury investigations and agency information requests, and negotiating consent, probation, and debarment agreements. He is currently the EPA Independent Monitor overseeing the nation’s largest investor-owned energy company’s compliance with complex debarment and probation agreements arising from the resolution of a criminal enforcement case brought under the Clean Water Act.
Chris assists buyers, sellers, investors and financial institutions on the environmental aspects of transactions, including conducting due diligence, negotiating the environmental provisions of transactional documents, and identifying and executing insurance-based risk management opportunities. His transactional experience has included upstream, midstream and downstream energy projects, alternative energy projects, and transactions in the manufacturing, logistics, consumer products and chemicals sectors.
He helps clients evaluate and implement compliance and ethics programs (e.g., under the Sentencing Guidelines), and environmental, health and safety management systems (including based on ISO 14001). Chris advises clients on sustainable development, climate change, product and chemical stewardship and regulation, and value chain management. He recently served on an independent committee advising the senior management of a Fortune 50 company on its global sustainability strategy and reporting.
West Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.
On June 30, 2022, the U.S. Supreme Court issued its long-awaited decision in West Virginia, et al. v. Environmental Protection Agency. …
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DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental Context
The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and…
Continue Reading DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental ContextJourney to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing…
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EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste
In yet another “sue and settle” case, the U.S. Environmental Protection Agency has proposed entering into a consent decree agreeing to rule on the Center for Biological Diversity’s (CBD) petition…
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The Top 5 New Environmental Issues for Commercial Property Owners or Managers
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of…
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The Management Systems Underlying ESG Reports
Companies interested in “ESG” disclosure and accounting may be having the same reaction we are to much of the recent popular business press. Thinking carefully about Environment, Social, and Governance…
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TRANSITION THOUGHTS: What Clean Air Act Permittees Should Track in the Biden Administration
The incoming Biden Administration intends to take many major environmental policy actions aimed at climate change, enforcement, environmental justice, and several other issues, many of which entail reversing actions taken…
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U.S. Department of Justice Revises its Guidance on Evaluating Corporate Compliance Programs
On June 1 the criminal division of the U.S. DOJ revised its guidance to DOJ attorneys on how to evaluate corporate compliance programs. DOJ considers the “adequacy and effectiveness” of…
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Federal Judge in Montana Narrows Vacatur of Nationwide Permit 12
On April 17, we posted about the federal district court for Montana vacating the Nationwide Permit (NWP) 12 and enjoining the Army Corps of Engineers’ authorization for the use of…
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