President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides...more
Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of...more
On October 27, 2021, the Biden administration proposed two new rules to roll back its predecessor’s regulatory clarifications involving habitat under the Endangered Species Act (ESA). Under the first proposal, the United...more
The Biden Administration is moving quickly to undo the Trump Administration’s Migratory Bird Treaty Act (MBTA) liability rule. Published as a final rule on January 7, 2021, this rule for the first time supplied a uniform...more
In a long-unfolding saga, on January 7, 2021, the U.S. Fish and Wildlife Service (FWS) published its final rule that will at long last establish a clear regulatory definition of the scope of liability under the Migratory Bird...more
On September 14, 2020, the Council on Environmental Quality (CEQ) issued nonbinding guidance to agencies to help them comply with the National Environmental Policy Act (NEPA) during emergencies. The guidance comes less than...more
If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more
The Trump Administration’s efforts to clarify the scope of liability under the Migratory Bird Treaty Act (MBTA) suffered a setback when the U.S. District Court for the Southern District of New York concluded that the statute...more
On Thursday, June 4, 2020, President Trump signed an Executive Order (EO) on “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.” Relying on...more
On April 10, 2019, President Trump signed two executive orders intended to address a range of legal and procedural hurdles commonly facing infrastructure projects, particularly in the energy sector. Most notably, the...more
Infrastructure has been a headline topic since before the 2016 election, and perhaps never more so than during the unprecedented storm season. The current Administration, like its predecessors, has pursued means to expedite...more
On April 28, 2017, the Trump administration issued an Executive Order entitled “Implementing an America-First Offshore Energy Strategy.” This EO calls for expanded oil and gas leasing in areas of the U.S. Outer Continental...more
A week after President Trump signed an Executive Order directing agency review of various energy-related regulations, the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations...more
New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March...more
On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil...more
On January 24, 2017, President Trump issued an Executive Order and a Presidential Memorandum aimed at streamlining environmental reviews and permitting for infrastructure projects and domestic manufacturing. These actions...more