On January 5, 2026, the Trump administration filed suit in the U.S. District Court for the Northern District of California against two California cities, Morgan Hill and Petaluma, seeking to invalidate local ordinances...more
In a case of first impression, on November 24, 2025, Michigan's Circuit Court for the County of Kent ruled both federal aviation law and state law barred the State's claims under Part 201 of Michigan’s Natural Resources &...more
Key Takeaways -
The Proposed Rule would reduce the scope of waters and wetlands subject to federal Clean Water Act (CWA) protections by amending the definition of “waters of the United States” (WOTUS)....more
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Many states have now enacted extended producer responsibility (EPR) laws, creating new and costly requirements for manufacturers, wholesalers, and retailers based on the packaging of the products they...more
Key Takeaways -
New Circuit Split on Tort Liability for Nuclear Incidents: Before last year, federal appellate courts consistently looked to federal safety regulations to define the standard of care in tort suits related...more
Key Takeaways -
Federal and state policymakers are beginning to integrate AI technology for use in National Environmental Policy Act (NEPA) reviews and permitting processes. A recent Department of the Interior (DOI) order...more
What Happened -
The U.S. Environmental Protection Agency (EPA) announced a proposal to end the Greenhouse Gas Reporting Program (GHGRP), citing high compliance costs and limited regulatory value. EPA estimates that...more
Key Takeaways -
What Happened? On July 29, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule to rescind the 2009 Greenhouse Gas (GHG) Endangerment Finding (“Endangerment and Cause or Contribute...more
Key Takeaways -
What happened: Over the last few weeks, individual federal agencies have issued interim final rules (IFRs) to largely rescind their existing NEPA regulations. Agencies have replaced those regulations with a...more
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President Trump issued a new Executive Order (EO) that directs agencies to streamline reviews, prioritize high-capacity projects, and support infrastructure critical to AI and national security. The move...more
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Timber trafficking and fisheries enforcement may be areas where the Trump administration will increase enforcement efforts....more
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Despite the Trump administration’s elimination of federal environmental justice (EJ) programs, states are reaffirming their commitment to EJ and pushing forward new EJ programs and policies....more
This alert was originally published on June 3, 2025, and has been revised based on recent developments.
Update: On June 30, 2025, the U.S. Supreme Court denied certiorari Port of Tacoma v. Puget Soundkeeper Alliance, No....more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
The U.S. Environmental Protection Agency (EPA) proposed a landmark rule revising the Renewable Fuel Standard (RFS) program. This proposal – termed the “Set 2” Rule - marks the 20th anniversary of the RFS program and reflects...more
The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits...more
6/17/2025
/ Deregulation ,
Energy Policy ,
Government Agencies ,
Hazardous Substances ,
Oil & Gas ,
PHMSA ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration
Key Takeaways -
While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated...more
The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advance Notice of Proposed Rulemaking (ANPRM) asking for stakeholder feedback on Pipeline Safety Regulations (PSR) that unduly burden the...more
The U.S. Department of Interior (DOI) issued a Request for Information (RFI) asking affected industries to identify existing Interior regulations that can be modified or repealed to support the Trump administration’s "energy...more
Key Takeaways -
Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce...more
Key Takeaways -
What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more
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
States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern...more
On the heels of its March 12 major announcement about 31 deregulatory actions, EPA also issued an important Memorandum honing the National Enforcement and Compliance Initiatives (NECI’s) adopted under the Biden administration...more
Overview -
Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan...more
3/6/2025
/ Biofuel ,
Department of Energy (DOE) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Internal Revenue Code (IRC) ,
IRS ,
Regulatory Agenda ,
Renewable Energy ,
Tax Credits ,
Trump Administration ,
USDA