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ESG Update: Corporate Directors May Be Obligated to Assess Political Risk

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by corporations, their advisors, and their stakeholders....more

EPA Announces ‘Greatest Deregulation in History’

The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin....more

Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more

Trump Administration Outlines Plans for a ‘Golden Era’ of American Energy

The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration,...more

Context for the Five Pillars of EPA’s ‘Powering the Great American Comeback Initiative’

On February 4, new US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced EPA’s “Powering the Great American Comeback Initiative,” which is intended to achieve EPA’s mission “while emerging the greatness...more

ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more

Court Halts Trump Administration Order Pausing Government Grants (For Now)

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge...more

Biden Administration Releases New Guidance Seeking to Broaden Public Participation and Community Engagement

]Effective and meaningful public engagement are “foundational principles of Federal regulatory development” and the Biden Administration has sought to remove barriers to public participation in the regulatory process. We...more

Administrative Law Update: Status Update on Federal OMB’s Proposed Revisions to Circular A-4

The Biden Administration is in the process of revising a cog fundamental to federal policymaking. The cog, a guidance document issued by the Office of Management and Budget’s (OMB) entitled Circular A-4, has the potential to...more

Environmental Justice Update: New Biden Administration Executive Order Expands EJ Across Federal Government; New Jersey Rolls Out...

If you blink, there’s a good chance that you will miss a major development in the environmental justice (EJ) space. Given that Earth Day occurred last week, it’s no surprise we have two major developments to report: ...more

White House Office of Information and Regulatory Affairs Announces Results of Its Preliminary Study on Broadening Public...

Regulations matter. Federal executive action is supposed to be rooted in statutes, established through regulatory processes generally tied to the Administrative Procedure Act (APA), and — at least conceptually — rooted in the...more

EPA Releases Environmental Justice Equity Action Plan

Environmental justice has been at the forefront of the Biden Administration’s priorities for the US Environmental Protection Agency (EPA). Perhaps illustrative of the importance of the issue, President Biden issued E.O....more

Court Cites “Major Questions” Doctrine when Striking Down Biden “Social Cost of Carbon” Efforts

The “major questions" doctrine provides that for “major policy question[s] of great economic or political importance, Congress must either: (i) expressly and specifically decide the major policy question itself and delegate...more

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