On Tuesday, EPA proposed to repeal its 2009 Endangerment Finding (Repeal Proposal). That’s a big deal, with expansive implications. The 2009 Endangerment Finding determined six greenhouse gases (GHG) are air pollutants that...more
8/4/2025
/ Clean Air Act ,
Endangerment Finding ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Loper Bright Enterprises v Raimondo ,
Motor Vehicles ,
NHTSA ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Statutory Interpretation ,
West Virginia v EPA
Two recent developments signal important changes to the current administration’s position on incidental take under the Migratory Bird Treaty Act (“MBTA”)...more
The EPA’s Office of Air and Radiation (“OAR”), responsible for most of the EPA’s major air regulatory and policy efforts, will be restructured in the months to come. This shakeup comes on the heels of the EPA’s announcement...more
Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more
3/31/2025
/ Administrative Agencies ,
Clean Air Act ,
Clean Water Act ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Gundy v United States ,
Legal History ,
Non-Delegation Doctrine ,
Safe Drinking Water Act ,
SCOTUS ,
Telecommunications ,
Universal Service Fund
On February 29, 2025, President Trump issued an executive order requiring agencies to identify suspect regulations for regulatory roll back within 60 days. ...more
The Council for Environmental Quality’s (“CEQ”) published an interim final rule yesterday repealing all of its implementing regulations for the National Environmental Policy Act (“NEPA”). The interim final rule becomes...more
In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more
1/22/2025
/ CERCLA ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Good Samaritans ,
Mining ,
NEPA ,
Permits ,
Regulatory Requirements ,
Remediation ,
Site Remediation
On October 11, 2024, the Environmental Protection Agency (EPA) published its latest rule in a suite of measures to address hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act....more