Tag Archives: Regulations

Catching Our Balance: Opportunities for ESA Reform

When Congress enacted the Endangered Species Act (“ESA”) to protect and recover imperiled species and the ecosystems on which they depend, it emphasized the need to strike the proper balance between protecting species and allowing productive human activities. Widespread concern that this balance has been lost has sparked movement within the Trump Administration and Congress to improve the ESA and its implementation. With these key changes, the Trump Administration and Congress could make significant progress to restore what many believe is the ESA’s intended balance between the protection of species and economic growth.… Continue Reading

From “All of the Above” to “See What Sticks”

Throughout the Obama administration, federal officials from the President on down touted an “all of the above” approach to energy policy.  At the same time, they pressed forward with environmental regulations—climate change rules in particular—that would have made a seismic shift in the role fossil fuels play in the nation’s energy mix. We all know … Continue Reading

Trump Administration Releases Highly Anticipated Proposal to Rescind WOTUS Rule

Today, EPA and the Corps released a highly anticipated proposal to rescind the Obama Administration’s controversial 2015 Clean Water Rule. The June 2015 rule, which has been stayed since October 2015, would broadly define the scope of “waters of the U.S.” (WOTUS) subject to federal regulation and permitting requirements under the CWA. The proposed rescission is the first step of a two-step process to repeal and replace the 2015 Clean Water Rule with a new WOTUS rule. With today’s proposal, EPA and the Corps are proposing to officially rescind the 2015 rule and continue to implement the regulatory definition in place prior to the 2015 rule while they work to promulgate a new rule to define WOTUS.… Continue Reading

Bay Area Air Regulators Set to Adopt First-of-its-Kind GHG Emissions Cap on Refineries

Just before President Trump announced his decision to withdraw from the Paris Agreement on Climate Change, California is moving ahead with new greenhouse gas (GHG) regulations, making good on its commitment to continue its path regardless of what goes on in Washington, DC. This week, the Board of the Bay Area Air Quality Management District (BAAQMD) held a special meeting to consider a controversial new regulation targeting oil refineries. If adopted, as planned at the June 21, 2017, Board public hearing, Regulation 12, Rule 16: Petroleum Refining Facility-Wide Emissions Limits (Rule 12-16) would establish first-of-its-kind, refinery-specific, facility-wide caps on emissions of greenhouse gases (GHG). The proposed caps limit refinery emissions to seven percent above recent operating levels.… Continue Reading

President Trump’s Executive Order Prioritizing America’s Energy Independence Published in Federal Register

President Trump made good on one of his key campaign promises on Tuesday, signing an executive order (E.O.) entitled Promoting Energy Independence and Economic Growth. The long-awaited E.O., which was published in the Federal Register today (82 Fed. Reg. 16093), targets the Obama administration’s key climate policies, including regulations affecting power plants and oil and gas production facilities. More broadly, the E.O. affirms the Trump administration’s priority of ensuring domestically produced energy and economic growth.… Continue Reading

President Orders EPA and Corps to Rescind or Revise the “Waters of the United States” Rule

On February 28, 2017, President Trump signed an Executive Order (EO)  that sets into motion a process for the Administrator of the Environmental Protection Agency (EPA) and the Assistant Secretary of the Army for Civil Works (jointly, the “Agencies”) to review the Obama Administration’s Waters of the US (WOTUS) Rule.  80 Fed. Reg. 37,054 (June … Continue Reading

Judge Gorsuch, Meet the Water Transfer Rule

As previous Nickel Report posts have discussed, congressional efforts to rein in freewheeling agency interpretation and reinterpretation of ambiguous statutes have begun to intensify, and calls to reconsider Chevron deference have increased from both within the judiciary and without. One of the most vocal and eloquent critics of Chevron and its progeny, notably Mead and … Continue Reading

Challenges in Complying with New Proposition 65 Regulations

Prop. 65 requires warnings be given to Californians prior to exposing them to even minute amounts of any of the 900+ chemicals listed as causing cancer or reproductive harm. The law has been on the books for 30 years. 2016 saw noteworthy amendments to the “safe harbor” warning provisions. These new regulations may be found in the California Code of Regulations (CCR) Title 27, Section 25600. These amendments alter the relationships between entities in the chain of commerce, particularly as between retailers and their vendors, but also place added burdens on all businesses that need to comply with Prop. 65. We expect the recent amendments to the Prop. 65 warning regulations to increase litigation and the numbers of claims filed by plaintiff lawyers. Understanding the regulations and the risks involved is vital in helping businesses reduce their potential liability. … 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
LexBlog