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Environmental Policies Trump Administration Environmental Protection Agency (EPA)

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

Williams Mullen

WOTUS, WOTUS, WOTUS...

Williams Mullen on

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Holland & Knight LLP

Biden Administration Begins Process of Revising Waters of the U.S. Rule

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more

Williams Mullen

Environmental Notes - July 2021

Williams Mullen on

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Vinson & Elkins LLP

Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities

Vinson & Elkins LLP on

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

Hogan Lovells

Department of Transportation and Environmental Protection Agency release proposals to reconsider and potentially repeal Trump SAFE...

Hogan Lovells on

In two recent agency actions, the Biden administration has taken steps to initiate reconsideration of the former administration's greenhouse gas and fuel economy rules for light duty vehicles that could facilitate enforcement...more

Foley Hoag LLP - Environmental Law

The SAFE Rule Is On the Way Out - I Don’t Feel Any Less Safe

Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more

WilmerHale

The Biden Administration’s Approach to the Social Cost of Carbon

WilmerHale on

As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

Smith Gambrell Russell

Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)

Smith Gambrell Russell on

Environmental groups have sued the EPA to overturn its December 31st rule retaining Obama Era National Ambient Air Quality Standards (NAAQS) for ozone.  The suit alleges that the Trump EPA ignored science and mounting...more

Akin Gump Strauss Hauer & Feld LLP

Tearing Down Trump’s Environmental Wall: Justice Department Ditches Impediments to Effective Enforcement

Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Foley Hoag LLP - Environmental Law

Don’t Let the Door Hit You On Your Way Out: Trump EPA Suffers One Final Judicial Defeat.

Yesterday was the last full day of President Trump’s term. On environmental issues, it closed on a fitting note – another major judicial defeat. The District of Columbia Court of Appeals vacated EPA’s Affordable Clean...more

Allen Matkins

California Environmental Law & Policy Update - January 2021

Allen Matkins on

Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Hogan Lovells

Environmental Law outlook under a Biden Administration

Hogan Lovells on

The Biden administration, now set to take office in January 2021, will face unprecedented challenges. These challenges, including the coronavirus pandemic, President Trump’s legal challenges to the election results, the call...more

Hogan Lovells

The future of public lands under the Biden Administration

Hogan Lovells on

President-elect Biden will assume office in January, 2021, with a divided nation, the global coronavirus pandemic, and a domestic energy market in a distressed state. The new administration will need to oversee the management...more

WilmerHale

What a Biden Administration Will Mean for US Climate Change Policy

WilmerHale on

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

Allen Matkins

California Environmental Law & Policy Update - October 2020 #3

Allen Matkins on

President Trump makes agricultural water demands priority for new office - U.S. News & World Report – October 13 - President Donald Trump this Tuesday created what he called a “subcabinet” for federal water issues,...more

Wiley Rein LLP

One-on-One with David Fotouhi, Acting General Counsel at the EPA

Wiley Rein LLP on

Environment & Product Regulation partner Erik Baptist sits down with David Fotouhi, Acting General Counsel at the U.S. Environmental Protection Agency (EPA) to discuss his new role and his priorities in the Office of General...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #2

Allen Matkins on

Redwood City salt ponds subject to environmental protections, federal judge rules - San Francisco Chronicle – October 5 - A federal court ruled this Monday that an area containing salt ponds in Redwood City are waters...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 36, September 2020

Corona-Induced CO2 Emission Reductions are Not Yet Detectable in the Atmosphere - "Based on current data measured in the energy, industry, and mobility sectors, restrictions of social life during the corona pandemic can be...more

Allen Matkins

California Environmental Law & Policy Update - September 2020

Allen Matkins on

Contaminated groundwater plume in north Orange County placed on federal Superfund list - Orange County Register – September 1 - A five-square-mile plume of contaminated groundwater in north Orange County has been...more

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