News & Analysis as of

Office of Management and Budget Environmental Policies

Pillsbury - PFAS Observer

PFAS Hazardous Substance Designation Clears White House Review, Nearing Finalization

The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Justice Update: The Justice40 Initiative

Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more

Alston & Bird

PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more

ArentFox Schiff

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

ArentFox Schiff on

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

Jenner & Block

Avoiding Default and Streamlining NEPA—Can the Fiscal Responsibility Act of 2023 Accomplish Both Objectives?

Jenner & Block on

Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)--which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default--are provisions that seek to amend the National...more

Foley Hoag LLP - Environmental Law

Can Cumulative Impact Analysis Improve Cost-Benefit Analysis?

As frequent readers know, I am a big fan of cost-benefit analysis. The basic idea is that, when we make a decision to regulate at a certain level, we are by definition deciding that regulating to that level is “worth” the...more

Fox Rothschild LLP

EPA Proposes Designation of PFOA and PFOS as Hazardous Substances under CERCLA

Fox Rothschild LLP on

On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their...more

Morgan Lewis

The Wait Is Over: EPA Proposes Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

Morgan Lewis on

In the first designation of its kind, the US Environmental Protection Agency (EPA) released a pre-publication proposed rule on August 26, 2022, designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Allen Matkins

New State and Federal PFAS Regulation

Allen Matkins on

In 2021, new federal and California regulations were established to protect public health and environments from the impacts of Per- and Polyfluoroalkyl substances (PFAS). Clients in industries that utilize PFAS, owners of...more

Wiley Rein LLP

Biden Administration Announces Significant New Initiatives to Support Clean U.S. Manufacturing

Wiley Rein LLP on

On February 15, 2022, the Biden Administration announced significant new initiatives to advance cleaner manufacturing sectors in the United States. These actions will support U.S. climate goals, competitiveness in the...more

Maron Marvel

U.S. EPA Takes Significant Step to Designate PFAS as CERCLA Hazardous Substance

Maron Marvel on

In October 2021, the United States Environmental Protection Agency (EPA) introduced its PFAS Strategic Roadmap, laying out the agency’s approach to PFAS regulation in the coming years. One of the most highly anticipated...more

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

Jenner & Block on

On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more

Best Best & Krieger LLP

Environmental Justice and the Convergence of Social Awareness and Climate Change

The United States Environmental Protection Agency (EPA) defines environmental justice (EJ) as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to...more

Holland & Knight LLP

The Financial Sector and Government Contractors in the Environmental Bull's-Eye

Holland & Knight LLP on

The Biden Administration on May 20, 2021, issued its latest and long-awaited Executive Order (EO) on climate-related financial risk. This EO reflects how the administration is continuing to take a "whole of government"...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Holland & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

Holland & Hart LLP on

The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Morgan Lewis

President Biden’s ‘Modernizing Regulatory Review’ Memorandum

Morgan Lewis on

Much of the attention in President Joseph Biden’s executive actions in his first 100 days has been focused on his numerous executive orders on topics ranging from climate and COVID-19 to race and gender. Although these...more

Troutman Pepper

EPA Issues “Secret Science” Rule to Promote Transparency through Public Access to Dose-Response Data

Troutman Pepper on

The U.S. Environmental Protection Agency (EPA) issued a final rule establishing new standards for consideration of certain “pivotal” scientific studies, requiring that EPA give greater consideration to studies relying on...more

(ACOEL) | American College of Environmental...

Will NEPA’s Golden Anniversary be Tarnished by the Trump Administration’s efforts to overhaul the long-established regulations?

As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is...more

Snell & Wilmer

President Trump’s Budget for a Better America May Not Be Better for the EPA

Snell & Wilmer on

On Monday, March 11, 2019, the Office of Management and Budget issued President Trump’s budget proposal for fiscal year 2020, “A Budget for a Better America”, (the “Budget Proposal”) in the amount of $4.7 trillion. As in...more

Perkins Coie

Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure Projects

Perkins Coie on

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more

Ballard Spahr LLP

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

Ballard Spahr LLP on

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure...more

Bergeson & Campbell, P.C.

OMB Reviewing RFS Pathways Rule As Renewable Fuel Standard (RFS) Activity Remains High

The White House Office of Management and Budget (OMB) has reportedly received the final rule on "RFS Pathways II and Technical Amendments to the RFS2 Standards" (RFS Pathways II rule) from EPA. This is the last step in the...more

Foley Hoag LLP - Environmental Law

Waters of the United States: Definitely a Regulation, Not Guidance

Last week, what appears to be a draft (so long that it is in two separate parts) of EPA’s proposed rule defining “waters of the United States” was widely circulated. Part of what I love about this story is that it is...more

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