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Administrative Procedure Act Environmental Policies

BCLP

Presidential Memorandum Directing Agencies to Repeal Environmental Regulations

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On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (“Memorandum”). In this Memorandum, President...more

K&L Gates LLP

Trump Administration Dials Up Deregulation

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President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward...more

Latham & Watkins LLP

Trump Administration Pursues Deregulation in a Trio of Orders

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The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

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On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Troutman Pepper Locke

Twin Killings: Executive Orders Put Existing Energy Regulations in the Crosshairs

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On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for...more

Cozen O'Connor

Democratic AGs Oppose CEQ’s Repeal of NEPA Regulations

Cozen O'Connor on

Nineteen Democratic AGs and the Harris County Attorney (Houston, Texas) have submitted comments opposing the President’s Council on Environmental Quality’s (CEQ) Interim Final Rule (Proposed Rule), which would repeal CEQ’s...more

Sheppard Mullin Richter & Hampton LLP

Environmental YIR: 2024 Regulatory Legacies and Impacts

This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Greenhouse Gas Reporting Rule for 2024 Data: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) extended on March 20th the reporting deadline under the Greenhouse Gas Reporting Rule for 2024 data. See 90 Fed. Reg. 13085. EPA extended the reporting deadline...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

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The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Womble Bond Dickinson

Major Changes in National Environmental Policy Act Process

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The Council for Environmental Quality’s (“CEQ”) published an interim final rule yesterday repealing all of its implementing regulations for the National Environmental Policy Act (“NEPA”). The interim final rule becomes...more

Kilpatrick

Trump Administration Rescinds CEQ NEPA Implementing Regulations and Directs Federal Agencies to Revise NEPA Implementing...

Kilpatrick on

The National Environmental Policy Act (“NEPA”) requires an in-depth evaluation of the environmental impacts of federal actions, including actions by the federal agency itself, through issuance of a federal permit to private...more

Vinson & Elkins LLP

Four Things to Know: Upcoming Changes to NEPA Regulations and Environmental Reviews

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On February 19, 2025, the Council on Environmental Quality (“CEQ”) released a pre-publication version of an interim final rule (the “Interim Rule”) to rescind all of CEQ’s previous and current regulations implementing the...more

Latham & Watkins LLP

Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

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Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

Perkins Coie

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

Perkins Coie on

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

Troutman Pepper Locke

President Trump Moves to Repeal NEPA Regulations

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On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more

Miller Starr Regalia

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation...

Miller Starr Regalia on

On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

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The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Orrick, Herrington & Sutcliffe LLP

Navigating Executive Actions: How to Assess Their Impact and Legality

In the first two weeks of his second administration, President Donald J. Trump has signed dozens of executive orders and “taken more than 300 executive actions” on a broad array of topics. These topics include oil and gas...more

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Cozen O'Connor

New Administration Slams Brakes on Defense of Federal Highway Emissions Rule

Cozen O'Connor on

The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

DLA Piper

SEC Climate Disclosure Rules: Four Potential Paths Under President Trump

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The US Securities and Exchange Commission (SEC) adopted landmark final rules (Climate Disclosure Rules, or Rules) in March 2024 intended to enhance and standardize climate-related disclosures for publicly listed companies....more

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