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Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
Yesterday evening, President Biden signed Congress’s resolution to use the Congressional Review Act (CRA) to reject a September 2020 U.S. Environmental Protection Agency (EPA) rule that rescinded methane emission standards...more
On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more
On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more
The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more
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
On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
Little used before the Trump administration and with limited time to act, what regulations will the Biden administration target with the CRA? Democrats can use the Congressional Review Act to overturn regulations passed in...more
Each new presidential administration brings with it its own set of policy goals and priorities. While the text of U.S. environmental law does not change without an act of Congress, agencies within the executive branch have a...more
News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more
Over the weekend, major news outlets announced that former Vice President Joe Biden will be the next president of the United States. Biden and his running mate, Vice Predident-elect Kamala Harris, pledged throughout the...more
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen....more
- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more
This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more
If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more
This is the fourth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 (Final Regulations) by the Council on Environmental Quality...more
On July 16, 2020, the White House Council on Environmental Quality ("CEQ") finalized the first major overhaul of its regulations implementing the National Environmental Policy Act ("NEPA") in nearly 40 years. The final...more
For many mining and infrastructure projects in the United States, a primary cause of permitting uncertainty, expense, and delay is compliance with the environmental review process under the National Environmental Policy Act...more
On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more
Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more
As the environmental and energy regulatory landscape under the new Administration continues to shift, we want to keep our clients up to speed, as many of these policy changes may directly or indirectly impact your businesses....more