“EPA Limits On States’ Project Reviews Likely To Face Lawsuits”—Philip Sholtz in Law360
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“EPA Limits On States’ Project Reviews Likely To Face Lawsuits”—Philip Sholtz in Law360

June 30, 2020

A new Trump administration Environmental Protection Agency (EPA) rule to limit states’ ability to block the construction of energy infrastructure projects “is likely to lead to more litigation between state environmental agencies and the federal government,” Goldberg Segalla partner Phillip Sholtz writes in Law360. “Once again, businesses and stakeholders are left with an uncertain future, as they try to navigate a regulatory environment that will ultimately be determined by the courts.”

A member of Goldberg Segalla’s Environmental Law practice based in St. Louis, Philip examines the rule and outlines the legal battles that are likely to come of it.

“[W]hile the new regulation works its way through the court system, businesses and stakeholders seeking approval for a project could seek to work with state agencies to find a potential compromise. For example, businesses could provide information to state agencies in an expedited manner, to allow them to complete reviews within the one-year period, in exchange for agreement that projects would not be subject to further review should the new regulation be struck down,” Phil writes. “As has become increasingly common for business in this fractious environment, flexibility and foresight is likely to be invaluable in navigating this uncertain regulatory framework.”

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