Navigating the Shifting Regulatory Environment for EHS & Sustainability
R. Justin Smith
February 25, 2025
With two decades of experience at the Department of Justice’s Environment & Natural Resource Division across multiple administrations, Justin’s expert insights will help you plan and prioritize in 2025. In this Q&A, Justin shares a sneak peek of what attendees can expect from his OPEX25 keynote session.
What is your key message for EHS and Sustainability leaders?
The regulatory landscape is changing dramatically. The Trump administration’s deregulatory approach will bring major changes on EHS and Sustainability issues at the federal level. Many states are expected to respond by ramping up their own programs, and international sustainability and reporting requirements are rapidly evolving.
What are potential challenges and opportunities in this area?
If the federal government does less and the states do more, businesses will face multiple sets of rules adopted by different states. The EU and other jurisdictions are also adopting new sustainability rules. Additionally, negotiations continue on a global plastics treaty as well as on rules governing waste. Businesses that can navigate these requirements will be better positioned for success.
What will people who attend your session walk away with?
I participated in multiple changes of Administration during my time with the federal government, including the first Trump administration and the Biden administration. Attendees will learn what to expect at the federal level, as well as about developments at the state level and globally.
Times of change are also times of opportunity. In addition to helping attendees understand the regulatory landscape, I am looking forward to discussing how businesses can prepare for these new changes and challenges.
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Join Justin and other EHS and Sustainability leaders from around the country at OPEX25 to share real-world experiences, proven strategies, and key lessons learned to drive EHS performance in your organization. >> View full program
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About the Author
R. Justin Smith
Beveridge & Diamond PC
With two decades of experience at the Department of Justice’s Environment & Natural Resource Division across multiple administrations, Justin offers strategic counsel on multiple regulatory programs, legislation, and litigation.
At the U.S. Department of Justice (DOJ), Justin served as Chief of the Law and Policy Section within the Environment and Natural Resources Division (ENRD). As one of ENRD’s most senior career officials, he worked with Senate-confirmed appointees across multiple presidential administrations on all facets of environmental law, high-stakes litigation, and navigating complex regulatory frameworks. Justin draws from his distinguished career and government and leadership roles in the environmental bar to help clients work through high-stakes and complex issues.
While at DOJ, Justin’s work included high-profile litigation, regulatory compliance, and legislative strategy, as well as the development of strategic enforcement policies on climate-related matters, methane emissions, and hydrofluorocarbon (HFC) regulations. Justin partnered with multiple federal agencies to analyze litigation risks and enforcement issues under statutes like the Clean Air Act, Clean Water Act, Endangered Species Act, RCRA, NEPA, and CERCLA. Justin also led DOJ oversight of settlements of citizen enforcement of the environmental laws, having reviewed and commented on dozens of citizen suit resolutions and filed numerous amicus briefs on related issues. This work gives him a unique understanding of how companies can participate effectively in rulemakings and defend themselves in government or citizen enforcement proceedings and litigation.
Justin has extensive litigation experience, having served as lead ENRD counsel in dozens of high-profile cases across the U.S. Supreme Court, federal appellate and district courts, and state courts. His portfolio spans constitutional law, administrative law, federal Indian law, and cooperative federalism, as well as disputes involving climate change, pollution, and natural resources. Justin was instrumental in coordinating the federal government’s amicus participation in major environmental cases and has provided oral arguments in numerous appellate and district court matters. His deep understanding of government decision-making processes enables him to effectively advise clients on litigation strategy and settlement negotiations.
Throughout his government career, Justin’s ability to navigate changes in policy and administration transitions allowed him to guide critical environmental and energy decisions while maintaining collaborative relationships with federal agencies, states, and Tribes. Justin was particularly adept at addressing shifts in federal authority, cooperative federalism, and preemption issues, making him a trusted advisor for resolving conflicts between state and federal regulatory frameworks.
Justin’s honors include the DOJ’s John Marshall Award in Providing Legal Advice and multiple performance awards. His dedication to mentoring attorneys and fostering collaborative workplaces reflects his commitment to professional excellence and public service.
He has an A.B. from Princeton University where he was Phi Beta Kappa and a J.D. from Harvard University (magna cum laude) where he was on the Harvard Law Review.
At the U.S. Department of Justice (DOJ), Justin served as Chief of the Law and Policy Section within the Environment and Natural Resources Division (ENRD). As one of ENRD’s most senior career officials, he worked with Senate-confirmed appointees across multiple presidential administrations on all facets of environmental law, high-stakes litigation, and navigating complex regulatory frameworks. Justin draws from his distinguished career and government and leadership roles in the environmental bar to help clients work through high-stakes and complex issues.
While at DOJ, Justin’s work included high-profile litigation, regulatory compliance, and legislative strategy, as well as the development of strategic enforcement policies on climate-related matters, methane emissions, and hydrofluorocarbon (HFC) regulations. Justin partnered with multiple federal agencies to analyze litigation risks and enforcement issues under statutes like the Clean Air Act, Clean Water Act, Endangered Species Act, RCRA, NEPA, and CERCLA. Justin also led DOJ oversight of settlements of citizen enforcement of the environmental laws, having reviewed and commented on dozens of citizen suit resolutions and filed numerous amicus briefs on related issues. This work gives him a unique understanding of how companies can participate effectively in rulemakings and defend themselves in government or citizen enforcement proceedings and litigation.
Justin has extensive litigation experience, having served as lead ENRD counsel in dozens of high-profile cases across the U.S. Supreme Court, federal appellate and district courts, and state courts. His portfolio spans constitutional law, administrative law, federal Indian law, and cooperative federalism, as well as disputes involving climate change, pollution, and natural resources. Justin was instrumental in coordinating the federal government’s amicus participation in major environmental cases and has provided oral arguments in numerous appellate and district court matters. His deep understanding of government decision-making processes enables him to effectively advise clients on litigation strategy and settlement negotiations.
Throughout his government career, Justin’s ability to navigate changes in policy and administration transitions allowed him to guide critical environmental and energy decisions while maintaining collaborative relationships with federal agencies, states, and Tribes. Justin was particularly adept at addressing shifts in federal authority, cooperative federalism, and preemption issues, making him a trusted advisor for resolving conflicts between state and federal regulatory frameworks.
Justin’s honors include the DOJ’s John Marshall Award in Providing Legal Advice and multiple performance awards. His dedication to mentoring attorneys and fostering collaborative workplaces reflects his commitment to professional excellence and public service.
He has an A.B. from Princeton University where he was Phi Beta Kappa and a J.D. from Harvard University (magna cum laude) where he was on the Harvard Law Review.