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New Administration: Key Energy Issues Tied to Executive Orders

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more

Endangered Species Regulation Under the New Administration

The incoming Trump Administration is expected to prioritize the rollback of Biden-era endangered species regulations, aiming to reduce the regulatory burden on land-intensive businesses and enhance energy independence. This...more

Outlook on the New Administration: Council on Environmental Quality and Environmental Reviews under the National Environmental...

In 2020, President-elect Donald Trump promised to ensure that “America’s most critical infrastructure projects” would not be “tied up and bogged down by an outrageously slow and burdensome federal approval process.” Much of...more

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

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

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

Biden Administration DOJ Signals Shift In Environmental Enforcement Revoking Prior Policies

On February 5, 2021, the acting head of the U.S. Department of Justice (“DOJ”) division that brings environmental enforcement cases issued a memo revoking nine policy directives from the prior administration, including...more

[Webinar] Power Shift: Regulatory Reform in a Biden Administration - December 9th, 12:00 pm - 1:00 pm CT

President-Elect Joe Biden has promised to change course, including on a number of the Trump Administration’s signature (de)regulatory and executive actions — from energy and the environment to public health, immigration, and...more

EPA Proposes Rule To Formalize Guidance Document Process

On May 19, 2020, the Environmental Protection Agency (“EPA”) released a proposed rulemaking that would codify the EPA’s practice under the Trump administration’s Executive Order 13891 “Promoting the Rule of Law Through...more

Sunshine In The Government: Agencies Roll Out Their Guidance Websites

Guidance documents have always been important and useful tools for the regulated community to: glimpse how an agency might use its discretion, determine how an agency might apply a regulation, and simply understand complex...more

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