News & Analysis as of

Biden Administration Environmental Policies

Goldberg Segalla

Eighth Circuit Court of Appeals Reinstates Biden-Era NEPA Regulations

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While shifting political winds don’t literally blow through the trees, their force and impact can cause environmental policy to lurch back and forth. For instance, in 2020, during the final quarter of the first Trump...more

Cozen O'Connor

Democratic AGs Urge Federal Agencies to Halt Rollback of NEPA Regulations

Cozen O'Connor on

Eighteen Democratic AGs have submitted formal comment letters to several federal agencies urging them to withdraw recently issued final rules that rescind regulations implementing National Environmental Policy Act (NEPA)...more

Beveridge & Diamond PC

Federal Agencies Overhaul Longstanding NEPA Regulations

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Key Takeaways - What happened: Over the last few weeks, individual federal agencies have issued interim final rules (IFRs) to largely rescind their existing NEPA regulations. Agencies have replaced those regulations with a...more

Morgan Lewis - Tech & Sourcing

‘America’s AI Action Plan’: Implications for Data Center Expansion

Our Morgan Lewis colleagues recently wrote on the US administration’s new artificial intelligence action plan, specifically as the plan seeks to foster innovation and expedite the development of AI data centers and the...more

Foley Hoag LLP - Environmental Law

EPA Extends Deadlines for Compliance with Coal Ash Rules

On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final...more

Allen Matkins

California Environmental Law & Policy Update 7.11.25

Allen Matkins on

The Trump administration will uphold a Biden-era ban on the ongoing use of asbestos after previously saying it would reconsider the rule. The rule requires companies to phase out their use of chrysotile asbestos, which is the...more

Nossaman LLP

What’s Up With WOTUS?

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The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

Vinson & Elkins LLP on

On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Farella Braun + Martel LLP

EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....more

ArentFox Schiff

Maryland Court Rules EPA’s Termination of Environmental Justice Grants Violates APA

ArentFox Schiff on

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

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

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

Beveridge & Diamond PC

Environmental Justice Enters a New Era

Beveridge & Diamond PC on

Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated...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

Federal Reserve Disbands Climate-Focused Internal Groups

Mintz on

It has been reported that the Federal Reserve has disbanded certain internal groups that were intended to develop “institutional capacity and knowledge” with respect to climate risk. Specifically, among the groups that have...more

Brownstein Hyatt Farber Schreck

Senate Votes to Reject California’s Ban of Gas-Powered Cars

On May 22, the Senate approved three House-backed Congressional Review Act (CRA) resolutions that overturned Environmental Protection Agency (EPA) waivers, which had effectively imposed a de facto ban on gas-powered cars in...more

Morgan Lewis - Up & Atom

NRC Withdraws Environmental Justice Policy Statement

The NRC recently withdrew its Policy Statement on the Treatment of Environmental Justice (EJ) Matters in NRC Regulatory and Licensing Actions (EJ Policy Statement). The NRC did so in response to Executive Order (EO) 14173,...more

Greenberg Glusker LLP

EPA Announces Rollback of Biden-Era PFAS Rules

Greenberg Glusker LLP on

On May 14th, the U.S. Environmental Protection Agency (EPA) announced that it plans to delay or rescind PFAS (per- and polyfluoroalkyl substances) drinking water standards established by the Biden administration....more

K&L Gates LLP

Environmental Justice Update

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Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders...more

Jenner & Block

Just Keep Spinning? – The Future of American Wind Power

Jenner & Block on

Earth Day organizers consider wind power essential for reaching the Our Power, Our Planet goals. However, the future of American wind power is uncertain. Wind power accounts for around 10% of all power generated in the United...more

ArentFox Schiff

Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations

ArentFox Schiff on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

PM 2.5/Clean Air Act: Environmental Organizations Joint Letter to U.S. EPA Opposing Revisiting NAAQS

One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more

Jenner & Block

Our Power, Our Planet

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An Update on the Legal Landscape Surrounding Plastic Pollution - It’s hard to reflect on “Our Power, Our Planet” this Earth Day without discussing plastic. Plastic is deeply embedded in our daily lives. Consider, for...more

Cozen O'Connor

Democratic AGs Oppose CEQ’s Repeal of NEPA Regulations

Cozen O'Connor on

Nineteen Democratic AGs and the Harris County Attorney (Houston, Texas) have submitted comments opposing the President’s Council on Environmental Quality’s (CEQ) Interim Final Rule (Proposed Rule), which would repeal CEQ’s...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — April 2025

On March 27, 2025, as expected, the SEC under the Trump administration abandoned the climate disclosure rule promulgated by the Biden administration, specifically stating in a court filing that it would no longer defend the...more

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