On July 1, 2025, the Occupational Safety and Health Administration (OSHA) published twenty-five proposed rules and one final rule taking actions that include limiting OSHA’s application of the General Duty Clause, removing...more
The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more
6/18/2025
/ Automotive Industry ,
Biden Administration ,
California ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Constitutional Challenges ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Judicial Authority ,
Regulatory Authority ,
Statutory Interpretation ,
Trump Administration ,
Waivers
Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more
On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more
4/21/2025
/ Conservation ,
Endangered Species Act (ESA) ,
Environmental Policies ,
National Marine Fisheries Service ,
Property Owners ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Statutory Interpretation ,
US Fish and Wildlife Service
The Supreme Court ruled in favor of the City and County of San Francisco in a case against the US Environmental Protection Agency involving the scope of the Clean Water Act. See City & Cty. of San Francisco v. Environmental...more
In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more
1/29/2025
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Branch ,
Executive Orders ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Paris Agreement ,
Permits ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
Trump Administration ,
Withdrawal
The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more
7/17/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation
As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental...more
On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the...more
4/1/2024
/ Annual Reports ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Emerging Growth Companies ,
Environmental Social & Governance (ESG) ,
Final Rules ,
Greenhouse Gas Emissions ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of...more
3/22/2024
/ Automotive Industry ,
Carbon Emissions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
New Rules ,
NPRM ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements
On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more