News & Analysis as of

Environmental Zoning, Planning & Land Use Elections & Politics

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

Local Government in the Crosshairs

by Best Best & Krieger LLP on

While Washington’s promise of a trillion dollar infrastructure program is providing a distraction, a closer examination reveals localities and local infrastructure are under attack across the board. The assault on local...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

Final California Water Conservation Plan and Proposed Legislation Released - Urban Water Suppliers Face Far-Reaching Consequences

by Best Best & Krieger LLP on

Urban water suppliers would face significant new requirements under water conservation and drought resiliency legislation proposed by Gov. Jerry Brown. The legislation, released in the form of budget trailer bill language...more

Acknowledging Climate Change But Limiting the Role of Science?

by Burr & Forman on

The past week was not a good one for the cause of science as it relates to environmental issues and may foreshadow what might be described as an Age of Un-enlightenment....more

Environmental Notes - April 2017

by Williams Mullen on

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

by Stoel Rives LLP on

An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing. The Trump administration on Wednesday reversed a 2016...more

President Trump Rolls Back Climate Change Policies to Support Domestic Energy

On March 28, 2017, President Trump signed an executive order titled "Promoting Energy Independence and Economic Growth" that reverses or materially alters many of the actions that the federal government undertook during the...more

Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

by Holland & Knight LLP on

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

California Environmental Law & Policy Update - March 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump’s budget proposal slashes EPA funding - Washington Post - Mar 16 - President Trump on Thursday released his budget plan for the next fiscal year, which proposes cutting the...more

Changing Tide for Obama-era Water Rule

On February 28, 2017, President Trump signed an Executive Order (EO) directing the withdrawal of the controversial Waters of the United States (WOTUS) Rule. The Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

by Morgan Lewis on

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

The Executive Order on the WOTUS Rule: Will It Really Reduce Regulatory Uncertainty?

March 2nd, 2017, President Trump issued another executive order on the environment, this time directing EPA to revisit the EPA rule defining Waters of the United States under the Clean Water Act. It’s a curious order, for a...more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

by Pessin Katz Law, P.A. on

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

Senate Confirms Secretary of the Interior Ryan Zinke

by Nossaman LLP on

On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote. He was sworn into the Cabinet later that day by Vice President Mike Pence. Zinke was able to attract...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

by Perkins Coie on

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

Whither EPA

by Burr & Forman on

President Trump has proposed a dramatic cut in funding for the Environmental Protection Agency, the new EPA Administrator has suggested rollbacks in regulations, and there are even proposals to abolish the Agency entirely. ...more

President Trump Curbs Controversial WOTUS Rule

by Foley & Lardner LLP on

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

by Nossaman LLP on

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

by King & Spalding on

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Impact of New Administration on Natural Resources Development in United States

by Dorsey & Whitney LLP on

Anyone who has owned or operated a project involving public lands in the United States knows of the complex jigsaw puzzle of land ownership that defines the landscape of the United States. Jurisdictional governance is divided...more

California Environmental Law & Policy Update - February 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California extends emergency drought regulations despite heavy rain and snow - Sacramento Bee - Feb 8 - The State Water Resources Control Board (SWRCB) on...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

by Holland & Knight LLP on

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

by Snell & Wilmer on

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by...more

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