Environmental Policies

News & Analysis as of

Rusty Patched Bumble Bee Joins List of Endangered Species Despite Delay

On January 11, 2017, the U.S. Fish and Wildlife Service (Service) published a final rule listing the rusty patched bumble bee (Bombus affinis) as endangered under the Endangered Species Act (ESA). The rusty patched bumble...more

California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more

California Environmental Law & Policy Update - March 2017 #3

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

French Legal and Regulatory Update - February 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

Environmental deregulation under President Trump: Business as usual?

The Trump Administration is expected to issue a high-profile executive order that seeks to eliminate a major Obama-era environmental measure, the Clean Power Plan....more

D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming

On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the Endangered Species Act (ESA). Defenders of Wildlife v. Zinke, No. 14-5300 (D.C....more

Reducing Ozone Regulation Costs Under the New Administration

New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more

US Environmental Regulations to Face Rollbacks, but Reform likely to be Tempered by Legal Barriers

Since assuming office in January, President Donald Trump – with the support of Congress – has stated his intention to roll back “burdensome” U.S. environmental regulations. The White House and Congress aim to reverse several...more

Be Prepared for California’s Environmental Rules: Regulated Cannabis Brings Forth New Water Use Guidelines

Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s...more

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Whither EPA

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

California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

Newton’s Third Law apparently not only applies in physics, but in politics as well. Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal...more

California Environmental Law & Policy Update - February 2017 #4

Environmental and Policy Focus - Governor Brown wants to spend nearly $450 million on flood control following dam emergency - Sacramento Bee - Feb 24 - After successfully appealing to the Trump...more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

French Legal and Regulatory Update - January 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

California Environmental Law & Policy Update - February 2017 #3

Environmental and Policy Focus - Scott Pruitt confirmed to lead EPA - Los Angeles Times - Feb 17 - President Donald Trump’s nominee to run the Environmental Protection Agency (EPA), a climate-change...more

Fifth Circuit Limits Reverse False Claims Act Liability

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., No. 16-30141, 2016 WL 7228813 (5th Cir. Dec. 13, 2016), the Fifth Circuit rejected an expansive construction of “reverse” false claims...more

What’s New in Washington: 10 Things You Need to Know

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation. After eight years of the...more

EPA's Focus on Boatyards and Marinas Continues

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

Modern Industrial Strategy: Will the Environment Get Left Behind?

The UK Department for Business, Energy & Industrial Strategy (BEIS) published a Green Paper on 23 January 2017, setting out the building blocks for the UK’s modern industrial strategy. Described by Theresa May as a “critical...more

Utilizing the Congressional Review Act, Congress Moves Quickly to Repeal Numerous Obama-era Environmental Regulations

On Feb 2nd, for the second time in as many weeks, the U.S. Senate, invoking the Congressional Review Act (CRA), voted to repeal (i.e. “disapprove”) the Department of the Interior’s (DOI) Office of Surface Mining and...more

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

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

"US Corporate Governance: Will Private Ordering Trump Political Change?"

In the weeks following the U.S. presidential election, companies and investors enjoyed a stock market rally fueled by expectations concerning tax cuts, increased government spending and significant deregulation. While the...more

California Environmental Law & Policy Update - February 2017

Environmental and Policy Focus - Trump Administration proposes rule requiring deletion of two regulations for every new regulation adopted - Washington Post - Jan 30 - President Trump signed an order...more

Environmental Notes - February 2017

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

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