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Environmental Policies Waivers

Benesch

Trump’s Emissions Rollback: What Motor Carriers & Private Fleets Must Know

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President Trump took steps to dismantle California’s vehicle emissions standards on June 12, 2025, by signing three Congressional Review Act (“CRA”) resolutions revoking California’s waiver under the Clean Air Act. The waiver...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

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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

Holland & Knight LLP

Up in the Air: Congress Nullifies Clean Air Act Waivers for California

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In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'...more

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Holland & Knight LLP

The Impact of a Trump EPA on California's Mobile Source Rules

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Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more

Goldberg Segalla

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

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In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...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

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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

Morgan Lewis

Environmental Protection Agency Reinstates California Emissions Waiver

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In a move that was telegraphed at the outset of the Biden-Harris administration, the US Environmental Protection Agency announced March 9 that it is reversing a Trump-era decision to revoke California’s authority to set...more

Foley Hoag LLP - Environmental Law

The Other Shoe Drops - EPA Formally Announces Its Reconsideration of the Withdrawal of the California Preemption Waiver

I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program....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

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

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Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

McGuireWoods LLP

EPA Indicates That It May Relax Enforcement Measures For Narrow Categories Of Environmental Legal Obligations Occurring After...

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On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more

Bricker Graydon LLP

Potential impacts of H.B. 197 on Ohio EPA regulated entities

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H.B. 197, passed by the Ohio Senate and the Ohio House and now awaiting Governor DeWine’s signature, includes several provisions that may impact entities or communities regulated by Ohio EPA. First, Section 27 of H.B. 197...more

Best Best & Krieger LLP

Another Set of Organic Waste Regulations Revisions Released by CalRecycle

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Changes to Proposed Regulations Could Impact Local Agencies that Collect or Generate Organic Waste - The California Department of Resources Recycling and Recovery released its second set of revisions to the proposed...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Sheppard Mullin Richter & Hampton LLP

Politics Trumps Economics? Trump’s Revocation of California’s Waiver Under the Clean Air Act

Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more

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

Border-Wall: Environmental Groups File U.S. District Court (District of Columbia) Action Against Department of Homeland Security...

The Center for Biological Diversity, Defenders of Wildlife, and Animal Legal Defense Fund (collectively “CBD”) filed an October 17th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the issuance of...more

Pierce Atwood LLP

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

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Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver...more

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