President Trump began his second term by issuing a barrage of executive orders, memoranda, and other directives, many of which targeted U.S. energy policy and the federal employees who implement it. Trump had campaigned on...more
1/24/2025
/ Clean Energy ,
Climate Action Plan ,
Climate Change ,
Energy & Climate Debates ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Offshore Wind ,
Paris Agreement ,
Permits ,
Renewable Energy ,
Solar Energy ,
Tax Credits ,
Trump Administration ,
Wind Power
Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more
6/7/2022
/ Chevron Deference ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
FERC ,
Judicial Review ,
NPDES ,
Proposed Rules ,
Regulatory Authority ,
SCOTUS ,
Section 401 ,
Trump Administration ,
Water ,
Water Quality
EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units. Instead, EPA proposes to...more
Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act. EPA had requested remand, and made clear that it...more
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include:
• explicit consideration of indirect impacts
• renewed...more
10/12/2021
/ CEQ ,
Clean Energy ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
NEPA ,
Trump Administration ,
Wind Power
Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more
Yesterday, Judge Rosemary Marquez vacated the Navigable Waters Protection Rule, the misnomer also known as the Trump WOTUS rule. In response to this citizens’ suit challenging NWPR, the Biden EPA and Army Corps of Engineers...more
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
4/27/2021
/ Biden Administration ,
California ,
Clean Air Act ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Highway Safety Administration ,
Proposed Rules ,
Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule) ,
Trump Administration ,
Waivers
Last month, I noted that the Trump administration had suffered “one final judicial defeat” – the rejection of its Affordable Clean Energy Rule. Of course, I spoke to soon. Last week, Judge Brian Morris rejected EPA’s rule...more
Yesterday was the last full day of President Trump’s term. On environmental issues, it closed on a fitting note – another major judicial defeat. The District of Columbia Court of Appeals vacated EPA’s Affordable Clean...more
Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on...more
1/5/2021
/ Biden Administration ,
Clean Energy ,
Climate Change ,
Environmental Impact Report (EIR) ,
Greenhouse Gas Emissions ,
Net Zero ,
Offshore Wind ,
Renewable Energy ,
Renewable Energy Incentives ,
State and Local Government ,
Transportation Industry ,
Trump Administration ,
Wind Power
Yesterday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In fact, as noted in one of...more
Last week, Judge Scott Skavdahl vacated BLM’s 2016 methane Waste Prevention Rule. The Judge spends 10 pages documenting the “loopty-loops” of the litigation surrounding the 2016 Rule and the Trump administration’s efforts to...more
Everyone noticed when President Trump issued an order earlier this month banning offshore oil and gas drilling in certain areas until 2032. It was obvious to everyone that this was a campaign stunt, intended to improve his...more
Last week, Judge James Jones declined to issue a preliminary injunction that would have prevented implementation of the Trump Administration’s NEPA revisions. Judge Jones’s explanation was fairly sparse. He merely noted that...more
As the New York Times has documented, President Trump stated numerous times that Mexico would pay for the border wall. With this context, it was hard not to appreciate the delicious irony when EPA announced earlier this week...more
Last week, EPA finalized its rollback of Obama administration regulations governing methane emissions from the oil and gas industry. The move is not exactly a surprise. Regarding the purpose of the rollback, I stand by my...more
Last week, Judge Yvonne Gonzalez Rogers vacated BLM’s rescission of the 2016 methane “Waste Prevention Rule.” Although Judge Rogers found many flaws in the rescission rule, I think that two are key.
The first is the...more
Last week, Judge William Shubb of the U.S. District Court for the Eastern District of California ruled that the Agreement between California and Quebec to jointly operate a GHG cap-and-trade market did not violate either the...more
Sometimes, history repeats itself. Sometimes, that is not a good thing.
After the Obama WOTUS rule was promulgated in 2015, the challenges came fast and furious, and in multiple forums. The Supreme Court, as I put it,...more
On Tuesday, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery. I’ll leave to others a discussion of the provisions telling agencies to look for more regulations to roll back. I’m in...more
EPA and the NHTSA have finally released Part 2 of the Safer Affordable Fuel-Efficient (SAFE) Vehicle Rule. Most readers will know that Part 1 of the SAFE rule revoked California’s waiver authorizing it to impose more...more
The attack on science by this administration is not news at this point. Part of that attack has been to increase the number of industry scientists on EPA’s Science Advisory Board. I have no objection per se to additional...more
Ever since President Nixon visited China, significantly contributing to a thawing of the Cold War, the phrase “Nixon in China” has referred to any situation where a leader makes a policy move that would have been more...more
Earlier this month, the 9th Circuit Court of Appeals held that a long-term failure by a state to submit to EPA a TMDL for an impaired water can constitute a “constructive submission” of no TMDL, triggering an obligation on...more