Tag Archives: Presidential Transition

Will Executive Direction Accelerate Federal Environmental Review and Permitting?

Several presidential administrations have sought to shorten the lengthy process for obtaining federal authorizations and permits, with particular attention on infrastructure projects that usually require multiple federal permits with accompanying environmental reviews. Despite consistent interest in improving this process, delays persist, in part because of how courts have interpreted the level of analysis required during … Continue Reading

California Lawmakers Poised to Enact Their Own “Regulatory Freeze”

You’ve likely heard that just hours after the inauguration, White House Chief of Staff Reince Priebus issued a Memorandum for the Heads of Executive Departments and Agencies captioned “Regulatory Freeze Pending Review.” The so-called Regulatory Freeze Memo sought to freeze midnight actions by the Obama administration. In response to President Trump’s freeze actions and expected … Continue Reading

Continuing Federalism Issues Emerge in Challenges to Stream Protection Rule

Recently, the states and federal agencies have clashed in a number of environmental rulemakings and subsequent litigation over those rules. These disagreements have raised a host of important legal and policy questions, including the proper balance of power between the states and the federal government and the communication process and overall relationship between the states … Continue Reading

Congress May Take a Stab at Limiting Judicial Deference

The U.S. Supreme Court is not the only one keen on taking a closer look at deference to agency interpretations. Just as the Supreme Court will have an opportunity “to rein in a particularly aggressive use of agency deference” later this year, the House of Representatives is also set to take aim at judicial deference … Continue Reading

EPA Risk Management Plan Midnight Rule Poses Facility Security Threats and Imposes Huge Costs

Just before Christmas, the U.S. Environmental Protection Agency (EPA) released controversial regulations, titled Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act; Prepublication Final Rule, that EPA states will “modernize” the Clean Air Act Section 112(r)(7) Risk Management Program (RMP) regulations. These 1990s-era regulations, covering about 12,500 facilities across the country, require … Continue Reading

EPA Releases Fiscal Year 2016 Enforcement Statistics Showing Continued Focus on High-Profile, Complex Cases Due to Decreasing Agency Resources

On Monday, December 19, the US Environmental Protection Agency released its enforcement and compliance annual results for fiscal year 2016 (FY 2016). The report compiles environmental enforcement statistics for the final year of the Obama administration and shows the continuation of an enforcement trend focusing on high-impact, high-value cases intended by the administration to deliver significant environmental and public health results and drive compliance across regulated industry. The wildcard in drawing conclusions from this year’s report, however, is how the terrain will change with the arrival of the Trump administration in early 2017. … Continue Reading

Environmental Enforcement Through an Administration Transition

As the presidential transition draws nearer, many have asked what the change in administration will mean for the enforcement of our nation’s environmental laws. The Environmental Protection Agency, Department of Interior, Army Corps of Engineers, US Coast Guard and other agencies are all tasked with enforcement responsibilities under the major federal environmental statutes. The future of environmental enforcement under the incoming Trump administration thus depends on the future of each of these agencies.… Continue Reading

A New Day for the Congressional Review Act

With Republican control of the executive and legislative branches of government after the November 8 election, attention has turned to the Congressional Review Act and its powers to “get rid of the regulations that are just destroying us,” in the words of President-elect Trump.… Continue Reading
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