Kenneth J Warren

Kenneth J Warren

August 05, 2024 | The Legal Intelligencer

Tightening the Reins on Administrative Agencies

In Corner Post v. Board of Governors of the Federal Reserve System, the court held that the six-year statute of limitations applicable to suits under the Administrative Procedure Act (APA) challenging administrative agency regulations does not begin to run when the regulations are published but rather when the plaintiff was injured by final agency action.

By Kenneth J. Warren

8 minute read

June 07, 2024 | The Legal Intelligencer

Tackling Plastics Pollution: We Can Do Better

Plastic products are inexpensive to manufacture and are durable. They can be formulated to perform well in a wide range of products such as pipes, fishing gear, food and beverage containers, packaging and wrapping, household products, clothing containing synthetic fibers, and vehicle tires, among other products. They are ubiquitous.

By Kenneth J. Warren

7 minute read

April 05, 2024 | The Legal Intelligencer

Sustainable Management of Water Resources in a Modern Paradigm

Water managers are now looking beyond infrastructure and water diversions to conserve and make better use of existing resources.

By Kenneth J. Warren

7 minute read

January 26, 2024 | The Legal Intelligencer

Managing PFAS Chemicals: A Challenge for Courts and Agencies

A multifaceted, coordinated approach involving litigation, scientific investigation, and regulation is necessary to address past injuries and avoid future ones.

By Kenneth J. Warren

7 minute read

December 07, 2023 | The Legal Intelligencer

Evaluating Greenhouse Gas Emissions and Climate Change During the NEPA Process

At the time of NEPA's enactment, climate change was not perceived as a serious environmental threat. More recently, scientific evidence has shown that greenhouse gas (GHG) emissions cause adverse environmental impacts, including global warming, sea level rise and climate disruption.

By Kenneth J. Warren

7 minute read

October 05, 2023 | The Legal Intelligencer

The 'Chevron' Doctrine in Peril: A Closer Look at 'Loper'

In this Supreme Court term, however, Loper Bright Enterprises v. Raimondo, presents the question of whether Chevron should be overruled or limited. Because in prior cases several members of the court have questioned whether judicial deference to administrative agencies is appropriate, Chevron's continued viability is in doubt.

By Kenneth J. Warren

8 minute read

August 03, 2023 | The Legal Intelligencer

Reforming Regulatory Review: Environmental Lawyers Take Note

While clearly important to environmental lawyers focused on the development and administration of environmental regulations, the recent changes apply broadly across the larger regulatory landscape.

By Kenneth J. Warren

8 minute read

June 08, 2023 | The Legal Intelligencer

US Congress Reforms Environmental Permitting

On June 1, Congress enacted the Fiscal Responsibility Act of 2023 (FRA). A casual observer would not expect fiscal legislation temporarily suspending the debt limit and restricting future discretionary spending to address environmental law. Yet 27 pages of a 99-page bill are devoted to environmental and associated issues.

By Kenneth J. Warren

7 minute read

April 07, 2023 | The Legal Intelligencer

The Aftermath of the Chemical Spill in East Palestine

A prudent crisis management approach for Norfolk Southern would involve emphasizing its apology for the spill and expressing empathy for the affected community.

By Kenneth J. Warren

7 minute read

January 26, 2023 | The Legal Intelligencer

Using Environmental Cumulative Impact Assessment to Protect Communities

Laws authorizing cumulative impact assessments protect disadvantaged communities by examining the totality of conditions affecting human health and the environment.

By Kenneth J. Warren

8 minute read