A regulation adopted by the Department of Justice (“DOJ”) late in the Trump administration prohibiting settlement payments to third parties continues to be an impediment to possible environmental justice consent decrees in...more
7/26/2021
/ Administrative Procedure Act ,
Biden Administration ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Mitigation ,
Notice and Comment ,
Restitution ,
Settlement ,
Third-Party ,
Trump Administration
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more
7/23/2021
/ Air Pollution ,
Air Quality Standards ,
Biden Administration ,
Boiler MACT Rule ,
Climate Change ,
Coastal Real Estate ,
Comment Period ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Hazardous Substances ,
Permits ,
Property Owners ,
Rising Sea Levels ,
Sea Levels ,
Trump Administration ,
Wetlands
Much attention has been devoted to environmental policies of the prior Trump administration that are likely to be reversed or altered by the new Biden administration. See, e.g., Biden Administration Could Quickly Adopt Many...more
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
On January 27, 2021, President Biden signed an Executive Order (EO) on Tackling the Climate Crisis at Home and Abroad. The order begins by noting that...more
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more