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Is the Giant Going Back to Bed? EPA’s Potential Retreat on “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964

In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more

Biden Administration Seeks to Put Environmental Justice Into Action with an Earth Day Executive Order

From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more

The Low-Hanging Fruit of Climate Change – Water and Energy Efficiency Standards – Did the Biden Administration Make Progress?

In an early 2021 posting, this blog discussed the opportunities presented to the Biden Administration to take its first steps to implementing its Climate Change goals by addressing the Trump Administration’s Department of...more

A Sleeping Giant Awakens (Maybe?) – “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964 in the era of the...

On October 1, 2021, the Environmental Protection Agency (EPA) issued its draft Strategic Plan (Plan) for 2022 – 2026.1 While the Plan renews EPA’s commitment to its original principles (follow the science, follow the law and...more

Gimme three steps” (with apologies to Lynyrd Skynyrd) EPA outlines a significant change of course in its TSCA Chemicals Risk...

The United States Environmental Protection Agency’s (“EPA”) June 30, 2021, announcement regarding a revision to the risk evaluation process under the Toxic Substances Control Act (“TSCA”) marks a significant step towards in...more

Follow the Money – What the Biden Budget Tells Us About Environmental Priorities

On April 9, 2021, the Office of Management and Budget sent the Biden Administration’s Discretionary Budget Request to Sen. Patrick Leahy, D.-VT, chairman of the Appropriations Committee (Biden Budget) This $1.5 Trillion...more

Addressing Environmental Justice through EPA’s Enforcement Tools

The Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process. EPA’s Administrator Michael...more

Outlook 2021 – The Biden Administration Sharpens TSCA’s Sword

The Toxic Substances Control Act (TSCA), enacted in 1976, authorizes the United States Environmental Protection Agency (EPA) to regulate the manufacture or importation of new and existing chemicals. TSCA’s regulations include...more

Biden’s Modernizing Regulatory Review – A New Paradigm?

Along with its efforts to repeal, revise and develop regulations, one of the more fundamental impacts of the Biden administration on the regulatory state may be the process of how the benefits and costs of regulations are...more

The Biden Administration Environmental Rollbacks Reversals and Initiatives

It has been 50 days since Joseph R. Biden was sworn into office. His inauguration was soon followed by the swearing in of two Democratic Senators from Georgia with the result that, for the first time since 2010, there is a...more

Frozen! Delayed! Biden Administration to Review Environmental Regulations

Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Congressional Review Act – Too Many Priorities, Too Little Time

A unified Congress has the opportunity to reverse “midnight rules”– those regulations finalized in the waning days of the Trump administration - through use of its review powers under the 1996 Congressional Review Act, 5...more

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