In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more
[co-author: Christina Barone]
The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more
President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to...more
Late last week, newly confirmed Department of the Interior (DOI) Secretary Deb Haaland took two major steps to advance the Biden-Harris administration’s climate priorities and accelerate the shift to a clean energy future....more
On Earth Day, April 22, President Biden will launch a two-day Leaders Summit on Climate, a key lead-up meeting to this November’s United Nations climate talks in Glasgow. The President invited over 40 world leaders to the...more
Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more
A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more
Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more
- Democrats in the House Select Committee on the Climate Crisis have released a Climate Crisis Action Plan that aims to achieve net-zero emissions throughout the United States by 2050 and “net-negative” emissions by 2100,...more
President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery on May 19. Generally, the Order directs federal agencies to respond to the COVID-19 crisis by “rescinding, modifying, waiving, or...more
- The COVID-19 crisis has left consultants, lenders, servicers, investors and other users struggling to assess environmental conditions of assets as they question the ability to conduct, and the utility of, phase I...more
In response to requests for leniency as companies grapple with reduced workforces during the COVID-19 crisis, the U.S. Environmental Protection Agency (EPA) issued a temporary policy announcing that it will exercise...more
- Weakness in the United States recycling model has been exposed by dramatic action in Asia, prompting a flurry of legislative activity at the local, state and federal level.
- Proposals extend beyond food, beverage and...more
On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more
1/14/2020
/ CEQ ,
Congressional Review Act ,
Environmental Assessments ,
Environmental Policies ,
Environmental Review ,
Fixing America’s Surface Transportation Act (FAST Act) ,
NEPA ,
Notice of Intent ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
Last week, final rules from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “the Services”) impacting key components of the Endangered Species Act (ESA) were published in the...more
On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more
On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more
9/12/2018
/ Amended Rules ,
Appeals ,
Clean Air Act ,
Delays ,
Emergency Response ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Proposed Rules ,
Risk Management ,
Safety Precautions ,
Toxic Chemicals ,
Vacated
On April 30, 2018, the Environmental Protection Agency (EPA) published in the Federal Register a controversial proposed rule seeking to restrict the types of scientific research and findings that the EPA can consider in...more
5/2/2018
/ Confidential Information ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Non-Public Information ,
Proposed Rules ,
Proprietary Information ,
Public Health ,
Rulemaking Process ,
Safe Drinking Water Act ,
Scientific Research ,
Toxic Substances Control Act (TSCA) ,
Transparency
On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more
4/23/2018
/ Bald and Golden Eagle Protection Act ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Incidental Take Permits ,
Memorandum of Guidance ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
US Fish and Wildlife Service
• The Opinion finds that the Migratory Bird Treaty Act (MBTA) prohibits only affirmative and purposeful actions to take migratory birds. Incidental takes that are not the purpose of an action, even if they are direct and...more
The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more
11/17/2016
/ Antitrust Provisions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Energy Sector ,
Environmental Policies ,
Foreign Policy ,
Health Insurance ,
Immigration Enforcement ,
Tax Reform ,
Trade Policy ,
Trump Administration
On June 2, 2014, the Obama Administration unveiled an ambitious administrative proposal that would require states to regulate carbon dioxide (“CO2”) emissions from existing fossil fuel power plants, reducing emissions from...more
6/5/2014
/ Carbon Emissions ,
Clean Air Act ,
Climate Action Plan ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Obama Administration ,
Power Plants ,
Renewable Energy ,
RGGI