President Trump’s Executive Order Seeks to Reduce Federal Regulation
President Trump’s January 31, 2025, Executive Order (EO) titled “Unleashing Prosperity Through Deregulation,” is a part of the new Administration’s broader policy to reduce federal regulation. The EO finds that federal regulations impose significant costs and complexities on American citizens and businesses that hinder economic growth, innovation, and global competitiveness – and it is the Administration’s policy to alleviate these burdens. This marks a policy change from the approach of the prior administration and is a broader effort than the regulatory reforms of the first Trump Administration.
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act to accelerate the deployment of nuclear energy capacity, including by accelerating the licensing and creating new incentives for advanced nuclear reactor technologies, among them small modular reactors. The Senate introduced the ADVANCE Act in March 2023, and the House of Representatives passed the Fire Grants and Safety Act, which contains the ADVANCE Act, on May 8, 2024. Now that both houses have passed the Act, it will go to President Joe Biden for signature. Full text of the ADVANCE Act as passed by the Senate can be found here on page 4.
White House Announces New ‘Ocean Justice Strategy’
On June 7, 2023, the White House Council on Environmental Quality (CEQ) published a request for information (RFI) in the Federal Register seeking input on its planned Ocean Justice Strategy (the “Strategy”). The RFI describes the Strategy as an effort to integrate environmental justice principles into ocean-related activities of the federal government. The Strategy could have wide-ranging impacts on the development of ocean energy resources.
Biden Administration Publishes Final Rule Redefining “Waters of the United States”
On January 18, 2023, the Biden administration published its Final Rule revising the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Wetlands and waterways that meet the definition of WOTUS are protected by the CWA and subject to the U.S. Environmental Protection Agency’s and Army Corps of Engineers’ jurisdiction. However, the term is not defined in the statute. As such, the federal agencies’ interpretation of WOTUS determines which waters are subject to the CWA permitting requirements.
Fifth Circuit Vacates and Remands Injunction on Nationwide Oil and Gas Lease Pause
On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit (the Court) vacated and remanded an order by the federal district court for the Western District of Louisiana (the District Court) of a nationwide preliminary injunction enjoining the Biden administration (the Government) from pausing oil and gas lease sales. The Court found that the District Court’s decision lacked specificity.
Quarterly Review: Biden Administration’s Advancement of Environmental Justice
In the second quarter of 2022, the Biden administration took steps to implement the President’s whole-of-government environmental justice (EJ) strategy. Specifically, the U.S. Department of Justice (DOJ or the Department), U.S. Environmental Protection Agency (EPA or the Agency), and U.S. Department of Health & Human Services (DHHS) each announced initiatives to address EJ in a variety of agency functions. Additionally, the White House provided an update on funding available to disadvantaged communities. (more…)
Supreme Court Upends EPA’s Broad Claims of Climate Regulatory Authority
On Thursday, June 30, the U.S. Supreme Court released its decision in West Virginia v. EPA, holding that the Environmental Protection Agency (EPA) exceeded its statutory authority in adopting the Obama-era Clean Power Plan (CPP). The 6–3 decision may limit EPA’s ability to address greenhouse gas (GHG) emissions comprehensively. A summary of the Court’s reasoning is set out below, followed by four “key takeaways.” (more…)
EPA Releases Draft Environmental Justice Plan
On January 5, 2022, the U.S. Environmental Protection Agency (EPA) released a draft Environmental Justice Action Plan. The Action Plan outlines measures that have been or will be implemented by EPA’s Office of Land and Emergency Management (OLEM) to address environmental justice (EJ) concerns in OLEM programs, including Superfund, emergency response, and risk management. (more…)
EPA Rescinds Trump-Era Civil Inspection Rule
On Thursday, December 30, 2021, the U.S. Environmental Protection Agency (EPA) issued a final rule rescinding a Trump-era rule that changed EPA procedures for on-site inspections. The Trump-era inspection rule converted EPA civil inspection practices into rules that must be applied in all civil inspections. The December 30 recission “restor[es] the flexibility needed when carrying out civil inspections under a myriad of circumstances” by allowing inspectors to respond to site-specific conditions on a case-by-case basis. (more…)
Biden Administration Issues Executive Order on Sustainable Procurement
On December 8, 2021, the Biden Administration issued an executive order seeking to leverage United States procurement power to promote investment in clean energy. The order sets out the following five goals: “100 percent carbon pollution-free electricity (CFE) by 2030, at least half of which will be locally supplied clean energy to meet 24/7 demand; 100 percent zero-emission vehicle (ZEV) acquisitions by 2035, including 100 percent zero-emission light-duty vehicle acquisitions by 2027; [n]et-zero emissions from federal procurement no later than 2050, including a Buy Clean policy to promote use of construction materials with lower embodied emissions; [a] net-zero emissions building portfolio by 2045, including a 50 percent emissions reduction by 2032; and [n]et-zero emissions from overall federal operations by 2050, including a 65 percent emissions reduction by 2030.” (more…)
