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Trump Track: If a Tree Falls in the Forest - Contrasting Approaches to Environmental Announcements

On October 13, 2020, President Trump issued an Executive Order directing the creation of a sub-group with the Environmental Protection Agency to address infrastructure issues for America's water systems. Other agencies...more

Trump Track: Measure Twice, Cut Once - A Good Rule for Pipeline Approvals

Recent court decisions have stymied the Trump Administration’s determination to accelerate permit approvals for oil and gas infrastructure projects, a policy focus since it came into office. Its tools have essentially been...more

Trump Track: Revision of NEPA Regulations to Speed Environmental Review

On January 8, 2020, the Trump Administration proposed streamlining the National Environmental Policy Act (NEPA) regulations for evaluation of the environmental impacts of major projects, in part by removing the existing...more

Trump Track: Who's Blowing Smoke on Auto Exhaust?

The Trump Administration, which reversed course from the Obama Administration on the CAFE rules for automobile manufacturers and announced it would freeze the fleet mileage standards at 2020 levels, apparently will not...more

Trump Track: Trump's DECAF Loses to California CAFE

On July 25, 2019, four major domestic and foreign automakers announced an agreement had been reached with the State of California on a voluntary framework reducing emissions from autos through, inter alia, increased mileage...more

Trump Track: Chevron Deference Thrives?

Many in the Trump Administration and on the federal bench have long railed against "Chevron deference" as the devil’s tool to expand the federal administrative bureaucracy at the expense of the legislature....more

Trump Track: Repeal and Replace--Reconsider and Redefine?

This post is not about repeal and replacement of the Affordable Care Act, which has been botched since the Act was first passed, despite Republican control of the Presidency and both the House and Senate for the last two...more

Trump Track: Trump Repeal and Replace Strategy Again Strikes a Rock

In the continuing a series of Trump deregulation failures, a federal judge in the Northern District of California rejected in harsh terms an effort by the Department of the Interior (DOI) to replace the Valuation Rule for...more

Trump Track: Chevron Deference – Whose Ox Is Gored?

Federal courts often rely on “Chevron deference” in upholding regulations issued pursuant to vague congressional authorization. This doctrine dictates that where the statutory language is unclear, a court will defer to a...more

Trump Track: What is Behind the Administration’s Failed Attempts at Delaying Rules?

On August 17, the day after a federal judge in South Carolina invalidated the Trump administration’s suspension of the rule defining “waters of the United States” (WOTUS) under the Clean Water Act, a panel on the D.C. Circuit...more

Trump Track: Are the Gasoline Wars About to Begin with California?

On August 2, 2018, after many months of public rhetoric from the administration and the states, EPA and the National Highway Traffic Safety Administration sought comment on a joint proposal to modify the Corporate Average...more

Trump Track: BLM Bar on Compensatory Mitigation: Optics Only?

On Monday, July 24, 2018, the Bureau of Land Management (BLM) issued a memorandum prohibiting BLM from requiring “compensatory mitigation” projects, except where specifically mandated by the Federal Land Policy and Management...more

Trump Track: Be Careful What You Ask For

The Trump Administration has taken the position that the President not only has the power under the Antiquities Act of 1906 to unilaterally establish national monuments, but also the unfettered authority to reduce in size or...more

Trump Track: Who’s Driving This Train?

On Thursday, January 4, 2018, the Department of the Interior (DOI) announced a proposal to open 25 of its 26 offshore planning areas for leasing for oil and gas drilling, reversing an Obama Administration drilling plan that...more

Trump Track: Polluters Play?

On December 11, 2017, the NY Times’ headline read: Under Trump, E.P.A. Has Slowed Actions Against Polluters, and Put Limits on Enforcement Officers. The article reviews EPA enforcement during the first nine months of the...more

Trump Track: EPA’S Sue and Settle Process – Justification or Rejection?

As noted in this space, on October 16, 2017, EPA Administrator Scott Pruitt issued a memorandum announcing new policies to avoid what he considered inappropriate approaches to resolving litigation, commonly referred to by the...more

Trump Track: Test for EPA’s Sue and Settle Process

As noted previously on this blog, on October 16, 2017, EPA Administrator Scott Pruitt issued a memorandum announcing new policies to avoid what he considered inappropriate approaches to resolving litigation, commonly referred...more

Trump Track: EPA Sue and Settle Fix?

On October 16, 2017, EPA Administrator Pruitt issued a memo to his agency directing that managers take certain steps to curtail the practice known as “sue and settle.” This practice most often is used for relatively quick...more

Trump Track: Court Blocks Postponement of Methane Rule, But Battle Continues

On October 4, the district court for the Northern District of California in State of California and Sierra Club, et al v. BLM, et al. held that BLM could not postpone its enforcement of various provisions of the Obama-era...more

Trump Track: EPA/DOJ Funding Split

EPA has proposed to end its funding of Superfund enforcement activities by the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). In its proposed budget for FY 2018, EPA has cut the nearly $26MM...more

Trump Track: WOTUS Wrangle

We have strange bedfellows, as business groups, states and environmentalists maneuver before the Supreme Court over the Obama Administration regulation defining “waters of the US” (“WOTUS”) under the Clean Water Act (CWA)....more

Trump Track: Is Superfund Small Ball Best?

The most active agency in carrying out the Trump agenda in its first year has been the EPA, where there has been a raft of efforts to roll back the regulatory initiatives of the Obama Administration. However, in one area the...more

Trump Track: Executive Order To Speed Infrastructure Projects

On August 15, 2017, President Trump issued yet another executive order (EO) intended to speed environmental review of infrastructure projects. His first executive order with that objective, issued January 24, 2017, was devoid...more

Trump Track: Pruitt Moves to Streamline Superfund Process, Accelerate Pace of Cleanups

On May 22, 2017, EPA Administrator, Scott Pruitt, convened a Superfund Group to examine the existing Superfund process and make recommendations to streamline the process and incentivize parties to accelerate remediation and...more

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