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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 memo directs the agency’s offices of Air and Radiation, Chemical Safety and Pollution Prevention, Land […]

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CC

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 have been halted or delayed by state, local and tribal governments in California, Washington and […]

Double Trouble for Vehicle and Equipment Imports: EPA and Customs Continue Vigorous Port Inspection and Enforcement Program

by Michael C. Ford Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump administration.  EPA, in conjunction with U.S. Customs and Border Protection is continuing its vigorous inspection and enforcement program, including at southern […]

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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 in years past, the Budget Proposal will be scrutinized for what it includes (and increases) […]

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RH
Former Partner

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 number of waterways subject to federal protection that was expanded greatly during the Obama Administration […]

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Can Trump EPA Administrator Pruitt Survive?

by Patrick J. Paul With midterm elections looming, the prospects of a blue wave strengthening, and a consistent shuffling of the Trump cabinet, former Oklahoma Attorney General and current EPA administrator Scott Pruitt now finds himself in the hot seat. Fresh off a glowing self-evaluation in the form of EPA’s own 2017-18 Year in Review, […]

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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 change programs, state radon protection programs, water-system improvements along the U.S.-Mexico border, state and tribal […]

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MT
Former Associate

What happened to all the big changes at Trump’s EPA?

By Mitch Klein Following the presidential election, much was made of the enormous changes that the new president intended to make at the EPA, and his choice for Director, Scott Pruitt, resulted in heated opposition and a frenzied uproar from those who foresaw the dismantling of environmental protections. The funny thing is, aside from much […]

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MK

SCOTUS Sends WOTUS Back TO District Courts

by Patrick J. Paul On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States (WOTUS) Rule should be adjudicated at the federal District Court level and not the appellate level, the venue […]

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by John D. Burnside In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining operations to fund the estimated cost of future Superfund cleanup. EPA’s decision effectively withdraws proposed rules published January 11, 2017, […]

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