News & Analysis as of

Waters of the United States Greenhouse Gas Emissions

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Mintz

These NGOs shouldn't be allowed to second guess what Congress & the President say is in our interests in the face of our climate...

Mintz on

Law 360 is reporting this morning on an NGO petition to the Army Corps of Engineers demanding that it not apply a Nationwide Permit covering the construction of "pipelines that transport water, sewage, and ‘other substances’”...more

Allen Matkins

California Environmental Law & Policy Update - 4.07.23

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A Kentucky federal district court judge last Friday denied the state’s request to block the Biden administration’s new regulation redefining federally regulated “waters of the United States” (WOTUS) from taking effect within...more

(ACOEL) | American College of Environmental...

Sackett Preview: Sound and Fury Signaling What Exactly?

The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners are seeking another blockbuster ruling a la West Virginia v EPA that hamstrung EPA’s authority to...more

Foley Hoag LLP - Environmental Law

What’s Up With the Supreme Court?

As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of...more

Williams Mullen

Environmental Notes - October 2021

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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 & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

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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

Kilpatrick

Frozen! Delayed! Biden Administration to Review Environmental Regulations

Kilpatrick on

Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Downey Brand LLP

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

Downey Brand LLP on

On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more

Vinson & Elkins LLP

Navigating The Transition: Key Infrastructure Issues To Watch In The Biden Administration

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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

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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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

WilmerHale

Environmental Enforcement Under a Biden Administration

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Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2019

TSCA/FIFRA/TRI - EPA Sued To Issue Pending Methylene Chloride Prohibition Rule: On January 14, 2019, in the U.S. District Court for the District of Vermont, the Vermont Public Interest Group; Safer Chemicals, Health...more

Allen Matkins

California Environmental Law & Policy Update - July 2018

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Focus - EPA chief Scott Pruitt resigns under a cloud of ethics scandals - THE NEW YORK TIMES - Jul 5 Scott Pruitt, Administrator of the U.S. Environmental Protection Agency (EPA), has resigned after facing months of...more

Kelley Drye & Warren LLP

Trump’s Busy Year on Energy and the Environment

During his first year in Washington, President Trump made his mark on energy and environmental issues by issuing executive orders (EOs), proclamations, and presidential memoranda. Seeking to undo regulations enacted during...more

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

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Regs That Have Been Revoked, Stayed or Postponed by the New Administration

Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more

Holland & Knight LLP

Forecast for Energy and Environment Regulations

Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Seyfarth Shaw LLP

What Now? U.S. Environmental Protection Agency Post-Election Outlook

Seyfarth Shaw LLP on

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

Mintz - ML Strategies

Energy & Environment Update - November 2015

Mintz - ML Strategies on

Energy and Climate Debate - In his final major effort prior to retiring last week, Speaker of the House John Boehner (R-OH) reached a bipartisan agreement, the Bipartisan Budget Act of 2015, with other House and Senate...more

Allen Matkins

California Environmental Law & Policy Update - October 2015 #2

Allen Matkins on

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...more

Allen Matkins

California Environmental Law & Policy Update - August 2015 #3

Allen Matkins on

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2015

EPA Denies Petition To Ban Triclosan: On May 13, 2015, the U.S. Environmental Protection Agency (EPA) denied a petition submitted in January 2010 by Food & Water Watch and Beyond Pesticides seeking to ban triclosan, an...more

Foley Hoag LLP - Environmental Law

When Is a Solid Waste Not a Solid Waste? An Eternal Question

This year, EPA has proposed a rule to regulate GHG emissions from existing sources, the legality of which turns, in significant part, on the definition of a “source” under section 111(d) of the Clean Air Act. It has also...more

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