News & Analysis as of

Environmental Protection Agency (EPA) Congressional Review Act

Jones Day

EPA Finalizes Methane Emission Regulations

Jones Day on

The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more

Mintz

Could the longest running controversy in environmental law be entering its last years?

Mintz on

Sam Hess of Inside EPA is reporting that Democrats in the House of Representatives and the Senate might be ready to work on legislation ending the longest running controversy in environmental law – the decades long battle...more

Jenner & Block

New WOTUS Rule Halted in Half of Country by Federal District Court

Jenner & Block on

On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under...more

Mintz

50 years later, another President is at odds with Congress over the Clean Water Act. What's next?

Mintz on

Yesterday President Biden vetoed the Congressional Review Act resolution that would have repealed EPA's eighth attempt to determine the jurisdictional reach of the Clean Water Act. In 1972 Congress overrode President Nixon's...more

Mintz

EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now.

Mintz on

Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry groups challenging EPA's eighth attempt to determine the jurisdictional reach of the...more

Mintz

This Federal Court reminds us that most of the Executive Branch's environmental protection authority comes from Congress

Mintz on

Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of Appeals in upholding the constitutionality of the Congressional Review Act. The Act...more

Foley & Lardner LLP

What’s Next in Washington? - January 2023 Edition

Foley & Lardner LLP on

The dust from the 2022 Midterm Elections has settled and the 118th Congress has begun. Republicans were successfully able to flip control of the House and now have a 222-212 majority with one vacancy to be filled. Democratic...more

Troutman Pepper

Subpart OOOOa: What Happens When Congress Revives a Repealed Rule?

Troutman Pepper on

The Congressional Review Act (CRA) was adopted in 1996 to give Congress a more powerful check on agency regulation that outpaces congressional intent. But now, for the first time, Congress has used that powerful authority in...more

Bracewell LLP

Congressional Review Act Resolution Changes both Scope and Effect of EPA's Methane Rule

Bracewell LLP on

On June 30, 2021, President Biden signed into law a resolution under the Congressional Review Act (CRA) that disapproved a final rule adopted by the prior administration that made significant changes to 40 C.F.R. Part 60,...more

Akin Gump Strauss Hauer & Feld LLP

Congress Cancels Trump-era Methane Rule Amendments, Restoring Prior Standards

Yesterday evening, President Biden signed Congress’s resolution to use the Congressional Review Act (CRA) to reject a September 2020 U.S. Environmental Protection Agency (EPA) rule that rescinded methane emission standards...more

Vinson & Elkins LLP

Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities

Vinson & Elkins LLP on

On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more

Vinson & Elkins LLP

What’s Next For Methane Regulation For Oil And Gas?: Signals From The Biden Administration And Congress

Vinson & Elkins LLP on

As discussed in this previous post, the state of methane regulation for the oil and gas industry has been in flux over the past few years as federal regulations issued by the Obama administration were challenged in court and...more

Holland & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

Holland & Hart LLP on

The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Pillsbury Winthrop Shaw Pittman LLP

With Limited Time Left, Congress Begins Use of the Congressional Review Act

Facing an April 4 deadline to introduce joint resolutions under the Congressional Review Act, legislators have started to act. The Congressional Review Act process is not subject to filibuster, and joint resolutions can...more

ArentFox Schiff

Biden Administration Promises Regulatory Changes for Pesticide Industry

ArentFox Schiff on

In his first day in office, President Biden sent a strong signal that changes could be in store for the pesticide industry by issuing a sweeping Executive Order directing a review of a lengthy list of Trump-era regulations,...more

Vinson & Elkins LLP

“Immediately Effective” Midnight Rules — Beyond The Hour For Change Or Vulnerable To Court Challenges?

Vinson & Elkins LLP on

Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more

Pillsbury Winthrop Shaw Pittman LLP

Biden’s Climate Blitz

The new administration has launched an avalanche of Executive Orders and memoranda aimed at tackling the climate crisis in its first week—Pillsbury reviews its impact. Expect to see growth in electric vehicles, innovation...more

Brownstein Hyatt Farber Schreck

It’s Back: the Congressional Review Act and Implications for Recent Environmental Rules

President-elect Joe Biden has already pledged to undo the repeal of nearly 100 public health and environmental laws, noting that he will consider every tool available to do so. With Democratic control of Congress and the...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

Bracewell LLP on

Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

Foley & Lardner LLP on

Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

Bracewell LLP on

FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

WilmerHale

What a Biden Administration Will Mean for US Climate Change Policy

WilmerHale on

Over the weekend, major news outlets announced that former Vice President Joe Biden will be the next president of the United States. Biden and his running mate, Vice Predident-elect Kamala Harris, pledged throughout the...more

Williams Mullen

Environmental Notes - November 2020

Williams Mullen on

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more

Troutman Pepper

EPA Finalizes Clean Air Act Rule Allowing Some Major Sources to Re-Classify as Area Sources

Troutman Pepper on

On October 1, 2020, the Environmental Protection Agency (“EPA”) issued its final rule allowing for a source classified as a “major source” of hazardous air pollutants (“HAP”) under section 112(a) of the Clean Air Act to...more

WilmerHale

Trump Administration Issues Affordable Clean Energy Rule

WilmerHale on

On June 19, 2019, the Environmental Protection Agency (EPA) released a final rule repealing the Obama-era “Clean Power Plan” (CPP) and replacing it with the “Affordable Clean Energy” (ACE) Rule. While both rules regulate...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide