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The Biden Administration’s Approach to the Social Cost of Carbon

As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Trump's Proposed NEPA Regulations Likely to Face Legal Challenge

The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA) - the most significant of which are likely to face legal challenge. The proposed regulations...more

Trump Administration Issues Affordable Clean Energy Rule

On June 19, 2019, the Environmental Protection Agency (EPA) released a final rule repealing the Obama-era “Clean Power Plan” (CPP) and replacing it with the “Affordable Clean Energy” (ACE) Rule. While both rules regulate...more

Court Overturns Trump Administration Efforts to Revoke Withdrawal Status for Outer Continental Shelf Lands

On March 29, 2019, the United States District Court for the District of Alaska issued its ruling in a case challenging a presidential executive order which would have reversed withdrawals of Outer Continental Shelf (OCS)...more

Infrastructure Risks and Opportunities

This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Climate Change Revisions Lead to an Uncertain Regulatory Environment

This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more

U.S., Mexico, Canada Agree to Update NAFTA

After more than a year of sometimes contentious negotiations, the United States, Mexico, and Canada (the “Parties”) reached an agreement late Sunday night to revise the North American Free Trade Agreement (“NAFTA”)—renaming...more

Trump Administration Proposes Major Revisions to ESA Regulations

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the “Services”) this week published proposed revisions to key portions of the Endangered Species Act’s (the “Act”)...more

NEPA Regulatory Updates Council on Environmental Quality Seeks Comment as It Considers Revisions to NEPA Regulations

The Council on Environmental Quality (CEQ) today published an Advance Notice of Proposed Rulemaking (“Notice”) seeking public comment on a vast range of potential revisions to CEQ’s regulations implementing the National...more

Infrastructure Series: NAFTA Renegotiation: Energy Infrastructure and Investor-State Disputes

Negotiations to reshape the North American Free Trade Agreement (NAFTA) among the United States, Canada and Mexico have recently intensified as various factors—upcoming elections in Mexico in July and in the United States in...more

Infrastructure Series: Cost-Sharing with State and Local Governments

This is the fifth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

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