U.S. Army Corps of Engineers Finalizes 16 Nationwide Permits
On January 5, 2021, the U.S. Army Corps of Engineers (Corps) released a prepublication version of its final rule reissuing and modifying 12 existing Nationwide Permits (NWPs) and issuing four new NWPs....
View ArticleEPA Publishes “Transparency in Science” Final Rule
On January 6, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule, “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and...
View ArticleBiden Administration to Review Environmental Regulations, Policies; Revokes...
On January 20, 2021, President Joe Biden issued an executive order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The order directs executive agency...
View ArticleD.C. Circuit Strikes Down ACE Rule
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia Circuit struck down the Affordable Clean Energy Rule (ACE), which the Environmental Protection Agency (EPA) promulgated in...
View ArticleSupreme Court Agrees to Take Up CERCLA Suit Against U.S. Government
On January 8, 2021, the U.S. Supreme Court took up a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) dispute involving the territory of Guam and the United States. At...
View ArticleBiden Executive Order Implements Sweeping Climate Change Policy; Industry...
As Sidley previously reported, President Joe Biden issued an executive order (EO) on January 27 stating that “climate considerations shall be an essential element of United States foreign policy and...
View ArticleTrump Administration’s Science Transparency Rule Vacated
On Monday, February 1, the U.S. District Court for the District of Montana vacated the Trump administration’s Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and...
View ArticleDOJ Environment and Natural Resources Division Withdraws Nine Guidance...
Earlier this month, the Acting Assistant Attorney General supervising the Environment and Natural Resources Division (ENRD) at the U.S. Department of Justice (DOJ) has issued a memorandum rescinding...
View ArticleNew Guidance on Self-Disclosure of Violations Under EPA’s Audit Policy
Last week, the U.S. Environmental Protection Agency (EPA) issued new guidance related to its policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations (the...
View ArticleEnvironmental Protection Agency Approves Copper Alloy for Long-Lasting...
The U.S. Environmental Protection Agency (EPA) has approved, for the first time, a pesticide product for long-lasting efficacy claims (also called residual efficacy) against SARS-CoV-2, the novel...
View ArticleFERC Revisits Certificate Policy Statement With New Focus on Environmental...
On February 18, 2021, the U.S. Federal Energy Regulatory Commission (FERC) reopened the comment period for its Notice of Inquiry (NOI) on the Certification of New Interstate Natural Gas Facilities....
View ArticleCalifornia “GO-Biz” Unveils Zero-Emission Vehicle Market Development Strategy
On Wednesday, February 17, the California Governor’s Office of Business and Economic Development (GO-Biz) hosted a live streaming event to unveil its Zero-Emission Vehicle (ZEV) Market Development...
View ArticleWhite House Council on Environmental Quality Rescinds Trump-Era NEPA Guidance...
On Friday, the White House Council on Environmental Quality (CEQ) rescinded draft guidance published by the Trump administration in June 2019 discussing how agencies should consider greenhouse gas...
View ArticleRemanded Interstate Transport Rule Sent for White House Review
On February 24, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review the agency’s final rule addressing “good neighbor”...
View ArticleSEC Announces Goal to Address Climate Disclosure Requirements
On February 24, 2021, the acting Chair of the U.S. Securities and Exchange Commission (SEC), Allison Herren Lee, issued a statement directing the agency’s Division of Corporation Finance to enhance its...
View ArticleTrump Navigable Waters Protection Rule Revived in Colorado by the Tenth Circuit
The U.S. Court of Appeals for the 10th Circuit has vacated a stay of the Navigable Waters Protection Rule (NWPR) in Colorado, reversing the one court that had stayed the Trump administration’s rule...
View ArticleEPA TSCA PFAS Reporting Rule Sent for White House Review
On March 1, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review a proposed rule that would require reporting and...
View ArticleEU Emissions Compliance Regulation Gaining Traction
Historically, the emissions standards for mobile sources promulgated by the U.S. Environmental Protection Agency (EPA) have been viewed as more ambitious than European Union (EU) standards. The United...
View ArticleEnvironmental Justice Funding in COVID-19 Relief Bill
On March 11, 2021, U.S. President Joe Biden signed into law the American Rescue Plan Act of 2021, which allocates more than $1.9 trillion to aid COVID-19 relief. Title VI of the law specifically...
View ArticleFifth Circuit Rejects Challenge to Texas LNG Project
On March 10, 2021, the U.S. Court of Appeals for the Fifth Circuit rejected a challenge to an opinion by the Fish and Wildlife Service (FWS) allowing a South Texas liquified natural gas (LNG) pipeline...
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