The D.C. Circuit held, 2-1, that an agency must provide notice and an opportunity for public comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register.
The D.C. Circuit denied environmental groups' and township's petitions to review FERC's approval of an application for a certificate of public convenience and necessity for a proposed natural gas pipeline project in Pennsylvania and Delaware.
Each August, ELR publishes the Environmental Law and Policy Annual Review (ELPAR) in partnership with Vanderbilt University Law School. This year's issue includes articles and response pieces on environmental citizen suits, public participation in environmental decisionmaking, board oversight in ESG, and electrical grid governance for the climate change era. An analysis of environmental law scholarship from 2020-2021 is included as well.
With concerns about climate change, growing economic insecurity and inequality, and the resiliency of critical supply chains has come renewed concern about whether business entities conduct themselves in a manner that is consistent with society’s best interests. This concern manifests in a demand that corporations respect the best interests of society and all corporate stakeholders, not solely stockholders. How can we think about ESG in a way that promotes ethical, fair, and sustainable behavior without heaping additional work on already-stretched employees and directors?