For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more
Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more
US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more
The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an...more
“Energy security,” the principle that when you flip a light switch the lights will turn on, is something that most Americans take for granted. But the mechanics behind it incorporate both century-old transmission towers and...more
5/29/2025
/ Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Executive Orders ,
Federal Power Act ,
FERC ,
Fossil Fuel ,
Infrastructure ,
Power Grid ,
Puerto Rico ,
Regulatory Oversight ,
Renewable Energy ,
State and Local Government
Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more
For decades, businesses have focused on “doing more with less,” maximizing efficiency by optimizing resources and streamlining processes to achieve greater output with fewer inputs. This effort often involves leveraging...more
5/21/2025
/ Administrative Procedure Act ,
Algorithms ,
Artificial Intelligence ,
Department of Government Efficiency (DOGE) ,
Deregulation ,
Executive Orders ,
Government Agencies ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
For decades, regulators have tried to quantify harm related to emissions, including the “social cost of carbon” (SCC), but that approach has now changed. The Trump Administration recently released a memorandum seeking to...more
In recent years, environmental nongovernmental organizations (NGOs) and local governments have increasingly sued gas, oil, and energy companies, challenging their historic messaging on climate change, plastic recycling, and...more
On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more
President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government....more
4/17/2025
/ Climate Change ,
Coal Industry ,
Energy Policy ,
Energy Sector ,
Executive Orders ,
FERC ,
Fossil Fuel ,
Regulatory Reform ,
Renewable Energy ,
State and Local Government ,
Trump Administration
Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more
4/11/2025
/ Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Environmental Litigation ,
Environmental Violations ,
Fossil Fuel ,
Greenwashing ,
Jury Awards ,
Liability ,
Oil & Gas ,
Regulatory Requirements ,
Risk Management ,
State and Local Government
Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders....more
4/7/2025
/ Anti-Money Laundering ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Government Agencies ,
International Trade ,
Regulatory Agenda ,
Risk Assessment ,
Risk Management ,
Shareholders ,
Terrorism Funding
Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by corporations, their advisors, and their stakeholders....more
4/2/2025
/ Board of Directors ,
Breach of Duty ,
Corporate Governance ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Liability ,
Regulatory Oversight ,
Risk Assessment ,
Risk Management ,
Threshold Requirements
The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin....more
The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more
A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew...more
The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration,...more
On February 4, new US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced EPA’s “Powering the Great American Comeback Initiative,” which is intended to achieve EPA’s mission “while emerging the greatness...more
The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more
Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge...more
1/29/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
First Amendment ,
Furloughs ,
Government Agencies ,
Layoffs ,
OMB ,
Regulatory Freeze ,
Reimbursements ,
Trump Administration
The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more
1/23/2025
/ Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Diversity and Inclusion Standards (D&I) ,
Energy Policy ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Oil & Gas ,
Regulatory Freeze ,
Regulatory Reform ,
Trump Administration ,
Water
State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
12/24/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Citizen Suits ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Spokeo v Robins ,
Statutory Interpretation ,
TransUnion LLC v Ramirez
Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more