President Declares National Emergency: Foreign Adversaries Creating Vulnerability in U.S. Electric Grid

by Kelly A. Daly On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States.  Specifically, the President issued Executive Order on Securing the United States Bulk-Power System, which … Continue reading

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Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant … Continue reading

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Trump Proposes Rules to Expedite Infrastructure Projects

by Patrick J. Paul On January 9, 2020, in one of the more significant environmental proposals of the current administration, President Trump’s Council on Environmental Quality (CEQ) proposed updates to its regulations for implementing the procedural provisions of the National … Continue reading

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EPA to Take Action to Improve Cost-Benefit Analyses for Agency Rulemakings

By Christopher P. Colyer On Tuesday, the United States Environmental Protection Agency (EPA) published an internal memo outlining new agency efforts to improve the consistency and transparency of cost-benefit analyses performed in conjunction with agency rulemakings. EPA Administrator Andrew Wheeler’s … Continue reading

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Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements … Continue reading

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

by Raymond S. Heyman 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 … Continue reading

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Trump EPA Proposes Limitations to WOTUS Rule

by Patrick J. Paul In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing back the … Continue reading

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Climate Change Debate Rages On

by Patrick J. Paul With 2019 just around the corner, recent historic hurricane and fire damage and Democratic mid-term election gains in the House and across many states will cause climate change impacts, policy and legislation to take center stage, … Continue reading

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Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

by Michael C. Ford The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered Species Act (ESA).  … Continue reading

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Congress Denies Trump’s Request to Slash EPA’s Budget

by Megan H. Tracy Back in February, the White House released its proposed budget for 2018.  Among other things, the President’s budget sought to cut EPA’s budget by $2.5 billion, or over 23 percent.  Targets of the proposed cuts included: climate … Continue reading

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