On June 15, 2022, the Federal Aviation Administration (FAA) issued a proposed rule that would require large aircraft flying in the United States’ airspace to satisfy enhanced fuel efficiency standards. The proposal,...more
With 2022 underway, the Biden-Harris administration is continuing to implement its “whole-of-government” response to climate change. In 2021, the administration focused on building public-private partnerships on clean energy,...more
2/8/2022
/ Biden Administration ,
Clean Power Plan ,
Climate Change ,
Department of Energy (DOE) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NHTSA ,
Oil & Gas ,
Proxy Season ,
Securities and Exchange Commission (SEC)
In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more
As the United Nations Climate Change Conference (COP26) in Glasgow approaches, many countries are turning their sights on methane emission reductions as a major prong of their international climate commitments. Over the...more
Yesterday evening, President Biden signed Congress’s resolution to use the Congressional Review Act (CRA) to reject a September 2020 U.S. Environmental Protection Agency (EPA) rule that rescinded methane emission standards...more
EPA to Phase Down HFC Use in Early Step to Advance Biden-Harris Climate, Environmental Justice Agendas Last week, the Biden-Harris administration took action—with some bipartisan backing from Capitol Hill—to reduce the...more
President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to...more
Key Points
- On Earth Day, the Biden-Harris administration announced a new target for the United States to achieve a 50 to 52 percent reduction in economy-wide GHG emissions by 2030, which constitutes the country’s new NDC...more
5/3/2021
/ Biden Administration ,
Clean Power Plan ,
Climate Change ,
Electricity ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Intended Nationally Determined Contributions (INDC) ,
NHTSA ,
Paris Agreement ,
Zero-Emission Vehicles
In March, House Democrats re-introduced the Climate Leadership and Environmental Action for Our Nation’s (CLEAN) Future Act, a comprehensive climate package that aims to transition virtually every major sector of the U.S....more
Key Points
- On Wednesday, March 10, 2021, the U.S. Senate confirmed Michael Regan as the next EPA Administrator.
- Although Regan and most of the Biden-Harris administration’s other high-level EPA officials have fairly...more
Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more
A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more
Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more
As we previewed yesterday morning, January 27 was the Biden administration’s “Climate Day.”
Yesterday’s actions—two executive orders and a presidential memorandum—provided further detail on the President’s roadmap for...more
Key Points
- President Biden’s Day One Executive Order on climate action reconvenes an interagency working group to establish interim and final social costs of three GHGs: carbon dioxide, nitrous oxide and methane.
-...more
1/28/2021
/ Biden Administration ,
Climate Change ,
Department of the Interior ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FERC ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
NEPA ,
Net Zero ,
Regulatory Agenda ,
Working Groups
Following years of litigation and a segmented rulemaking process, the U.S. Environmental Protection Agency (EPA) finalized revisions to portions of its coal combustion residuals (CCR) regulations governing, among other...more
President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery on May 19. Generally, the Order directs federal agencies to respond to the COVID-19 crisis by “rescinding, modifying, waiving, or...more
The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 10, 2020, the U.S. Environmental Protection Agency’s (EPA or the Agency) Office of Land and Emergency Management and Office of Enforcement and Compliance Assurance issued Interim Guidance to EPA’s Regional Offices...more
- Effective March 12, 2020, the U.S. Department of Justice is no longer including supplemental environmental projects (“SEPs”) in the settlement of civil enforcement actions brought by the U.S. Environmental Protection...more
In response to requests for leniency as companies grapple with reduced workforces during the COVID-19 crisis, the U.S. Environmental Protection Agency (EPA) issued a temporary policy announcing that it will exercise...more
Key Points
- House Democrats have released draft text for the CLEAN Future Act, a comprehensive climate bill that aims to achieve net-zero greenhouse gas pollution throughout the United States by 2050 by directing federal...more
2/10/2020
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Paris Agreement ,
PFAS ,
Proposed Legislation ,
Regulatory Oversight ,
Trump Administration
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more
6/20/2019
/ Certification Requirements ,
Certifications ,
Clean Water Act ,
Climate Change ,
Coal Industry ,
Department of Environmental Conservation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Guidance Update ,
Oil & Gas ,
Section 401 ,
Trump Administration ,
Water Quality
After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more
6/4/2019
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Regulatory Oversight ,
Statutory Interpretation
On March 22, 2019, the U.S. Environmental Protection Agency (EPA) will begin to implement its own formaldehyde emission standards as required under the Formaldehyde Standards for Composite Wood Products Act, Title VI to the...more