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Rulemaking Process Biden Administration

MG+M The Law Firm

EPA Moves to Repeal Biden–Harris-Era Power Plant Emissions Rules

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On June 11, 2025, the US Environmental Protection Agency, under Administrator Lee Zeldin, proposed repealing two key Biden–Harris-era rules targeting greenhouse gas and air toxic emissions from fossil fuel–fired power plants....more

Morgan Lewis - ML Benefits

US Administration Announces Intent to Replace Biden-Era ESG Rule

The US Department of Labor’s (DOL’s) position on the appropriateness of environmental, social, and governance (ESG) investing strategies in ERISA-regulated retirement plans has ping-ponged for decades (as we’ve covered...more

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

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The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Jones Day

SEC Withdraws Proposed ESG Disclosure and Shareholder Submission Rules

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In a significant but not unsurprising policy shift, the U.S. Securities and Exchange Commission (SEC) has announced the withdrawal of proposed rules aimed at enhancing ESG disclosures and modifying shareholder proposal...more

Jackson Lewis P.C.

Public Hearings on OSHA’s Proposed Heat Hazard Rule Begin

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Monday, June 16, 2025, marked the first day of informal public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed rule aimed at preventing heat-related injuries and illnesses in both outdoor and...more

Carlton Fields

One Fell Swoop: SEC Erases Ambitious Gensler-Era Rulemaking Agenda

Carlton Fields on

On June 12, 2025, the Securities and Exchange Commission issued a release announcing that it was withdrawing 14 notices of proposed rulemaking issued between March 2022 and November 2023 and stating that it “does not intend...more

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

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Beveridge & Diamond PC

EPA’s Path Forward on TSCA Becomes Clearer

After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus...more

Troutman Pepper Locke

ESG Investing in 401(k) Plans – More Rule Changes on the Way

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In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration...more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more

King & Spalding

U.S. Department of Labor Updates: Yes to Crypto and No to ESG?

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On May 28, 2025, the U.S. Department of Labor (“DOL”) provided updated guidance on two employee benefit plan-related investment areas: (1) cryptocurrency and (2) environmental, social, and governance (“ESG”) investing....more

Mintz

Trump Administration Will Replace the Biden Administration's Department of Labor Rule Permitting ESG Investing

Mintz on

3 Under the Biden Administration, the Department of Labor ("DOL") had issued a rule that permitted ESG factors to be considered when making investments on behalf of 401(k) plans. (This rule had replaced an earlier one from...more

Kilpatrick

Trump Admin. Rolls Back Biden-Era Rules on 401(k) Plan Investments: Crypto and ESG

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The Trump administration has rescinded (or signaled that it will replace) current guidance that was issued by the Biden administration’s DOL regarding (1) retirement plan investments in cryptocurrencies (and other digital...more

Cozen O'Connor

U.S. DOT Proposes Significant Reforms for Administrative Enforcement, Rulemaking, and Guidance

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that, if finalized, would represent a consequential shift in how DOT conducts enforcement actions and develops regulations and...more

DLA Piper

EPA Signals Intention to Modify Biden Administration’s National Primary Drinking Water Regulation for PFAS

DLA Piper on

In response to public feedback on compliance challenges, the US Environmental Protection Agency (EPA) recently announced its intention to modify the National Primary Drinking Water Regulation (NPDWR) for six per- and...more

Hogan Lovells

FDA Announces Plans for Post-Market Chemical Review Program

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently announced plans to update its post-market food chemical review program. In its announcement, FDA explained that its forthcoming plans will take a proactive approach to...more

DLA Piper

EPA Announces Vision for PFAS Policy and Commences Rulemaking Activity

DLA Piper on

In late April, US Environmental Protection Agency (EPA) Administrator Lee Zeldin issued a press release announcing EPA’s anticipated policy platform for addressing per- and polyfluoroalkyl substances (PFAS) in the...more

White & Case LLP

EPA Partially Rolls Back PFAS Drinking Water Rule

White & Case LLP on

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced that it plans to retain the current drinking water standards for two per- and polyfluoroalkyl substances (PFAS), i.e., perfluorooctanoic acid (PFOA)...more

Beveridge & Diamond PC

EPA Announces Plans to Revisit Certain PFAS Drinking Water Standards

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Two weeks after U.S. Environmental Protection Agency (EPA) Administrator Zeldin outlined the agency’s PFAS plan in broad strokes, EPA provided more detail on how it intends to proceed with respect to drinking water standards...more

Beveridge & Diamond PC

DOE Announces New Wave of Energy Efficiency Rollbacks – Over a Dozen Product Types Could Be Impacted

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Following the Trump administration’s previously announced commitment to “slash unnecessary red tape and regulations,” the Department of Energy (DOE) proposed a new suite of deregulatory actions that, if successful, will...more

Mintz

Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

Mintz on

On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

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

PM 2.5/Clean Air Act: Environmental Organizations Joint Letter to U.S. EPA Opposing Revisiting NAAQS

One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more

Morrison & Foerster LLP - Government...

FAR Reform Now Underway

The current administration’s efforts to reform the Federal Acquisition Regulation (FAR) are now officially underway. On April 15, 2025, in an Executive Order titled Restoring Common Sense to Federal Procurement (EO or...more

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

Conn Maciel Carey LLP on

We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

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