News & Analysis as of

Biden Administration Clean Air Act Trump Administration

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

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EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

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

Vinson & Elkins LLP

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

Vinson & Elkins LLP on

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more

Morgan Lewis

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

Morgan Lewis on

The US Environmental Protection Agency recently issued a proposed rule and accompanying press release announcing its intent to repeal both the 2015 greenhouse gas emissions standards for new fossil fuel-fired power plants...more

Davis Wright Tremaine LLP

California Attempts To Catch a "Waive": State Leads 10 Others Suing Trump Administration Over Revocation of Vehicle Emission...

On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more

Latham & Watkins LLP

EPA Proposes Repeal of Power Plant GHG Emissions Standards

Latham & Watkins LLP on

If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — June 2025

The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Hanson Bridgett

Trucks, Trains, and Automobiles: Untangling the Status of California’s Vehicle Emission Waivers

Hanson Bridgett on

Vehicle manufacturers and operators in California are no stranger to complex regulations, with the California Air Resources Board’s (CARB) history of pioneering mobile emission regulations. ...more

Allen Matkins

California Environmental Law & Policy Update 3.28.25

Allen Matkins on

The Trump administration is offering coal-fired power plants and other industrial facilities an opportunity to obtain exemptions from Clean Air Act (CAA) requirements designed to reduce emissions of chemicals such as mercury,...more

Jones Day

Joint Resolution Puts Future of Methane Fee in Doubt

Jones Day on

The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more

Goldberg Segalla

New Congress Reverses Biden-Era Methane Waste Emissions Fee

Goldberg Segalla on

Despite longstanding bipartisan support, the U.S. Senate on Feb. 27 — just as the House did the day prior — passed a resolution withdrawing the waste emissions charge (WEC), which is a fee on methane waste emissions caused by...more

Eversheds Sutherland (US) LLP

Key environmental issues facing the Trump administration

The Biden administration introduced wide-ranging environmental regulations with profound and far-reaching effects on the environment and the economy. In its first two weeks, the Trump administration has signaled an attempt...more

Wiley Rein LLP

Trump Administration Requests Pauses in Several Supreme Court Cases to Reconsider Biden Administration Policies

Wiley Rein LLP on

On January 24, 2025, the Trump Administration asked the U.S. Supreme Court to pause briefing in several cases on the current merits docket. In making the request, Acting Solicitor General Sarah Harris explained that the new...more

BakerHostetler

Regulating Automotive Emissions: Part II - The Future of California’s Emissions Waivers

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In November 2019, President-elect Donald Trump’s first administration’s withdrawal of California’s emissions waiver went into effect. ...more

BakerHostetler

Regulating Automotive Emissions: Part I - What to Expect Under the Second Trump Administration

BakerHostetler on

On the day of his inauguration, President Joe Biden issued a historic number of executive orders, several of which focused on overturning actions taken by the Trump Administration’s Environmental Protection Agency (EPA). We...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback

With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration. The Congressional Review Act (CRA)...more

Vinson & Elkins LLP

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

Vinson & Elkins LLP on

During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 11, November 2024

Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

Foley Hoag LLP - Environmental Law

The SAFE Rule Is On the Way Out - I Don’t Feel Any Less Safe

Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more

Eversheds Sutherland (US) LLP

RINs on renewable electricity - is now the time for EPA action?

For more than a decade, the Federal Renewable Fuel Standard (RFS) has provided powerful incentives that have driven the introduction of new transportation fuels into the US marketplace due to valuable credits known as...more

Vinson & Elkins LLP

What’s Next For Methane Regulation For Oil And Gas?: Signals From The Biden Administration And Congress

Vinson & Elkins LLP on

As discussed in this previous post, the state of methane regulation for the oil and gas industry has been in flux over the past few years as federal regulations issued by the Obama administration were challenged in court and...more

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