Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Last week, through the Council on Environmental Quality’s (CEQ) publication of a final rule at the close of phase one of a two-phase rulemaking process, the Biden administration began its efforts to reverse the prior administration’s reworking of the implementation of the National Environmental Policy Act (NEPA). Originally signed into law by President Richard Nixon …
On October 6, 2021, the White House Council on Environmental Quality (CEQ) proposed modifications to provisions of its regulations implementing the National Environmental Policy Act. NEPA is a federal law that requires all federal agencies to assess the environmental effects of any proposed actions as part of its decision making. The proposed rule is the …
Earlier this month, the Trump Administration released its Fiscal Year 2021 Budget requests. As it has in previous years, the administration has proposed steep cuts in funding for the United States Environmental Protection Agency (EPA). Other agencies, such as the U.S. Department of the Interior (DOI), U.S. Department of Energy (DOE), and the U.S. Army Corps of Engineers …
On April 10, 2019, the Trump administration published Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” which directs the EPA Administrator to, “consult with states, tribes, and relevant executive departments and agencies in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should …
A collection of environmental groups have released a report claiming that the vast majority of coal ash ponds in the United States have leaked toxic chemicals into nearby groundwater. The report, based on monitoring data released by 250 power plants, found that 91 percent of the nation’s coal-fired power plants reported elevated levels of at …
U.S. EPA this month proposed a rule that will seek to exempt factory farms, also known as concentrated animal feeding operations (CAFOs), from reporting emissions from animal waste under the Emergency Planning and Community Right-to-Know Act (EPCRA). The Acting EPA Administrator Andrew Wheeler (who President Trump has now officially recommended to head up the EPA) stated …
On August 21, 2018, the Trump administration released a proposed CO2 plan that will permit states to establish emission standards for coal power plants rather than encouraging their closure. The new proposal will provide coal companies with a strong financial incentive to keep their plants in operation, rather than the Obama administration’s goal of replacing …