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Pennsylvania Budget Institutes New Permitting Reforms, Abrogates Pennsylvania RGGI Rule

On 12 November 2025, Governor Shapiro signed into law a budget for fiscal year 2025-2026 (SB 160) and accompanying amendments to the Fiscal Code (HB 416) (collectively, the Budget Bill). The Budget Bill abrogates...more

Permitting Reform Ahead: EPA Targets Preconstruction Rules and Retires Reactivation Policy

The US Environmental Protection Agency (EPA) recently announced two significant reforms to its New Source Review (NSR) permitting program for major sources of air emissions. First, EPA is developing a rule to revise its...more

Department of the Interior Issues Flurry of Actions Targeting Wind and Solar Energy Projects

Under Secretary Doug Burgum, the Department of the Interior (DOI) has quickly moved to implement Sections 4 and 5 of President Trump’s 7 July Executive Order 14315 titled “Ending Market Distorting Subsidies for Unreliable,...more

More Federal Agencies Streamline NEPA Procedures to Expedite Review and Permitting

1 See National Environmental Policy Act Implementing Regulations, 90 Fed. Reg. 29498, 29498 (July 3, 2025) (codified 43 C.F.R. Part 46); Procedures for Implementing NEPA; Processing of Department of the Army Permits, 90 Fed....more

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

On 30 June 2025, both the US Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC or the Commission) announced revisions to their respective National Environmental Policy Act (NEPA) procedures to...more

Governor Shapiro Fast Tracks Critical Infrastructure Project Permitting

On 19 November 2024, Pennsylvania Governor Josh Shapiro signed Executive Order No. 2024-04, streamlining and accelerating the permitting process for critical infrastructure projects within the Commonwealth. The Executive...more

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September...more

Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September...more

U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States"...

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more

A New Final (But Not the Final?) WOTUS Rule

On 30 December 2022, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) (together, the Agencies) released a final rule redefining the scope of waters protected under the Clean Water Act...more

Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Taking a New Approach: USFWS Proposes Streamlined Eagle Take Permit Program

The U.S. Fish and Wildlife Service (USFWS), on 29 September, released a significant rulemaking proposal that seeks to ease the permitting process to authorize incidental take of bald and golden eagles. If finalized, USFWS’s...more

Pennsylvania's Growing Electric Vehicle Charging Network: What's All the Buzz About NEVI Plans?

With electric vehicles (EVs) on the rise, recent federal legislative and policy initiatives have prompted states to develop related infrastructure plans. These plans will provide for the greater connectivity required to...more

Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

U.S. Fish and Wildlife Service Proposes "Endangered" Listing for Northern Long-Eared Bat

On 23 March 2022, the U.S. Fish and Wildlife Service (the Service) issued a proposed rule (Proposed Rule) to reclassify the northern long-eared bat from a threatened species to an endangered species under the Endangered...more

PADEP Releases Updated Environmental Justice Policy for Public Comment

On 11 March 2022, the Pennsylvania Department of Environmental Protection (DEP) released for public comment a draft updated Environmental Justice Policy (Draft EJ Policy), which would significantly expand the scope of DEP’s...more

NEPA: The Old Becomes New

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more

Carbon Quarterly – Volume 5

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA Gets Serious About Environmental Justice

Since taking office in January 2021, President Biden has made clear that his administration plans to prioritize environmental justice (or EJ for short). The U.S. Environmental Protection Agency (EPA)—which will be tasked with...more

Back to the Drawing Board on WOTUS: Federal Court Vacates Trump Administration's Navigable Waters Protection Rule

On 30 August 2021, Judge Rosemary Márquez, a federal district judge in the District of Arizona, ordered the remand and vacatur of the Trump administration’s Navigable Waters Protection Rule (NWPR) defining “waters of the...more

Carbon Quarterly – Volume 4

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Carbon Quarterly – Volume 3

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

D.C. Circuit Grants EPA's Request to Keep Clean Power Plan on Ice

On 22 February 2021, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) brought clarity to the current and future status of the U.S. Environmental Protection Agency’s (EPA) 2015 Clean Power Plan...more

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