News & Analysis as of

Environmental Protection Agency (EPA) Statutory Interpretation Trump Administration

Vinson & Elkins LLP

EPA Restores Viability of RFS Small Refinery Exemption, Signals New Policy Approach Moving Forward

Vinson & Elkins LLP on

On August 22, 2025, the Environmental Protection Agency (“EPA”) announced decisions on 175 small refinery exemption (“SRE”) petitions stretching back over the last four years. EPA’s scorecard reads that 63 petitions were...more

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

DLA Piper

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

DLA Piper on

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more

Haynes Boone

EPA Proposes Repeal of Legal Foundation for Greenhouse Gas Rules

Haynes Boone on

The U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more

Jones Day

EPA Initiates Rulemaking to Eliminate the 2009 GHG Endangerment Finding

Jones Day on

The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more

Hogan Lovells

EPA proposes reconsidering the 2009 GHG endangerment finding

Hogan Lovells on

On July 30, 2025, the Environmental Protection Agency (EPA) issued a proposed rule to reconsider the 2009 Endangerment Finding that has served as the foundation for EPA's authority to regulate greenhouse gases (GHGs) for...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

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

McGlinchey Stafford

Trump’s Second Term and its Potential Impact on the Bona Fide Prospective Purchaser (BFPP) Defense Under CERCLA

McGlinchey Stafford on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) aims to facilitate cleanup and accountability in hazardous waste sites. The Bona Fide Prospective Purchaser (BFPP) defense was introduced to...more

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