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New Concerns for Companies That Import or Manufacture "Toxic" Chemicals

Inevitably, a change in Administrations leads to changes in policies and priorities of regulatory agencies. Most media coverage has focused on opposition to the Trump Administration's efforts to revise existing or proposed...more

Long-Awaited Commerce Department Regulatory Reform Report Spotlights Priority Targets

In one of its first actions upon taking office, the Trump Administration issued a Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing on January 24, 2017. That...more

Streamlining Federal Environmental Reviews for Infrastructure Projects: Real Change is Coming

In recent actions, the Trump Administration reinforced its commitment to making significant changes in the way federal environmental reviews and authorizations are managed for infrastructure projects. As discussed in a...more

Administration Invites Additional Public Comment on "Waters of the United States" Rulemaking

The U.S. Army Corps of Engineers and the Environmental Protection Agency will hold nine teleconferences to solicit public comments and recommendations on revising the definition of "Waters of the United States" under the...more

New Executive Order on Infrastructure Ups the Ante on Streamlining the Environmental Review and Permitting Process

Since its earliest days, the Trump Administration has focused on eliminating delays in infrastructure projects, portraying environmental reviews and permitting as major choke points requiring change. On January 24, 2017, the...more

U.S. Army Corps of Engineers and Environmental Protection Agency Proposal to Rescind "Waters of the United States" Regulatory...

The U.S. Army Corps of Engineers and Environmental Protection Agency recently announced a process for replacing the Obama administration's 2015 promulgation of a revised regulatory definition of "waters of the United States."...more

Interior Department Announces Regulatory Reform Comment Opportunity

In a June 22, 2017 Federal Register notice, the Department of Interior (DOI) became the most recent federal department or agency to initiate a comment cycle to solicit public input on regulations that should be repealed,...more

The Honest Act Inches Forward Amid Controversy

The latest development in the consideration of H.R. 1430, the Honest and Open New EPA Science Treatment Act of 2017" ("HONEST Act"), introduced by Rep. Smith, Lamar [R-TX] and strongly supported by the new Administration,...more

Bipartisan Senate Regulatory Accountability Act Adds Another Important Element to Reform Efforts

On April 26, Senators Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced a bipartisan bill, the Regulatory Accountability Act of 2017 that would codify several existing Executive Orders ("EO") and impose new requirements...more

EPA Doubles Down on Regulatory Reform Outreach, But is More Necessarily Better?

EPA continues to create mechanisms for stakeholders to use in submitting rule candidates for repeal, replacement, or modification, in implementation of the Trump Administration's regulatory reform Executive Orders (see...more

EPA Seeks Input on Regulations to be Repealed, Replaced, or Modified

The Trump Administration issued its most recent major Executive Order ("EO") on regulatory reform on February 24, EO 13777 on Enforcing the Regulatory Agenda. That directive added structural and enforcement mechanisms to a...more

Regulatory Reform: A Closer Look at Opportunities and Challenges

Clark Hill's previous Alerts on the major regulatory reform initiatives launched by the Trump Administration covered the key points of those executive orders and directives. After assessment of the collective orders, this...more

President Trump Orders Revisit of "Waters of the United States" Rule

President Donald Trump issued, on February 28, 2017, an Executive Order ("EO") aimed at rescinding and revising the Obama Administration-issued final rule entitled "Clean Water Rule: Definition of 'Waters of the United...more

Regulatory Restructuring Initiatives Keep Coming

Continuing a Trump Administration series of Executive Orders, Presidential Memoranda, and Office of Management and Budget ("OMB") guidance documents that direct federal agencies to fundamentally change their rulemaking...more

Next Steps on the Executive Order on Reducing Regulation: OMB's Guidance Provides Some Clarity

The Trump Administration's January 30 Executive Order on Reducing Regulation and Controlling Regulatory Costs established broad principles that federal agencies are now expected to follow: (1) for every new regulation an...more

Next Steps on New EPA Toxics Rule Implementation Reinforce the Need to Engage

The passage of the Lautenberg Chemical Safety Act ("2016 TSCA Amendments") was a rare bipartisan success story. However, the August 9-10th Environmental Protection Agency ("EPA") stakeholder public comment meetings on the...more

Industry Dodges A Superfund Liability Expanding Bullet

The warm summer breeze you felt on July 27th may have been caused by the collective sigh of relief from the nation’s manufacturers and mining companies over the Ninth Circuit’s holding that Teck Cominco (a mining company)...more

TSCA Reform --- Battle Lines Are Quickly Being Drawn

Changes to the Toxic Substance Control Act (“TSCA”), resulting from the recently passed Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LCSA”), are quickly taking form. The Environmental Working Group (“EWG”),...more

TSCA Reform: Something Old, Much That Is New -- Will It Make Industry Blue?

After extensive deliberation, Congress has crafted a carefully worded overhaul of the Toxic Substances Control Act (TSCA), the primary federal statute that regulates the chemicals ultimately used to manufacture most products....more

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