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Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

D.C. Circuit Vacates Trump's ACE Rule and Deals Biden's EPA New Hand for Regulating Power Plant Greenhouse Gas Emissions

On 19 January 2021, the eve of inauguration for the Biden Administration, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) struck down the Affordable Clean Energy Rule (ACE Rule)....more

Climate Policy in the End-of-Year Legislative Package

Late Sunday, President Trump signed into law H.R. 133, the legislative package containing Coronavirus relief, the Fiscal Year 2021 Omnibus bill, and the Energy Act of 2020—the largest energy package to be enacted into law in...more

A New Normal? Trump Administration Retooling of Core NEPA Elements

INTRODUCTION - On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to the regulations that implement the National Environmental Policy Act’s...more

COVID-19: President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

The Trump administration issued two executive orders (EOs) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and...more

Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more

Trump Administration Releases Clean Power Plan Replacement Proposal

Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more

Infrastructure: President Trump Turns the Ignition as Congress Prepares to Take the Wheel

Highlighting the need to rebuild America’s “crumbling” infrastructure, President Donald Trump pushed Congress to approve a sweeping infrastructure renewal plan in his State of the Union address this week. While the...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

The Trump Administration’s Automated Vehicles Guidance Hits the Gas Pedal on Innovation

Further accelerating federal regulation of automated vehicles, last week the U.S. Department of Transportation and the National Highway Traffic Safety Administration (“NHTSA”) announced highly anticipated new guidance for the...more

United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?

On June 1, President Trump declared that he would withdraw the United States from the Paris Climate Accord (the “Agreement”). His announcement, though not unexpected, raises a host of questions on several legal, technical,...more

Trump Administration’s Environmental Regulatory Reform Presents a Unique and Immediate Opportunity

Are your clients subject to burdensome environmental rules? If so, the time to act is now. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has directed EPA to solicit recommendations for the rollback of...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

Presidential and Congressional Authority to Roll Back Executive Actions

For the first time since Dwight Eisenhower became president in 1953, Republicans will preside over a unified government with control of the White House and majorities in both chambers of Congress. This shift in party control...more

Environmental Policy Quarterly

Welcome to the Fall 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources and the Public Policy and Law Practice Groups of K&L Gates. Environmental Policy Quarterly...more

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