Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Category Archives: Trump Track

Subscribe to Trump Track RSS Feed

Trump Track: Natural Resource Damage Assessment Regulations Rewrite?

Posted in CERCLA, Trump Track
On August 27, 2018, the Office of Restoration and Damage Assessment (ORDA) at the Department of the Interior published an Advance Notice of Proposed Rulemaking and request for public comment on revision of the Department’s regulations for the conduct of natural resource damage assessments (NRDA) in connection with releases of hazardous substances. The notice identified… Continue Reading

Trump Track: What is Behind the Administration’s Failed Attempts at Delaying Rules?

Posted in EPA, Trump Track, Water Law
On August 17, the day after a federal judge in South Carolina invalidated the Trump administration’s suspension of the rule defining “waters of the United States” (WOTUS) under the Clean Water Act, a panel on the D.C. Circuit invalidated an effort by the administration to extend by 20 months the effective date of the Chemical… Continue Reading

Trump Track: WOTUS Lives! . . . at Least in Half the States (for Now)

Posted in Environmental Quality, EPA, Trump Track, Water Law
On August 16, a federal judge in South Carolina invalidated the Trump Administration’s suspension of the rule defining “waters of the United States” (WOTUS), under the Clean Water Act. In South Carolina Coastal Conservation League v. Pruitt, the court found that the notice-and-comment opportunity supporting the Suspension Rule was too narrow and thus violated the… Continue Reading

Trump Track: Are the Gasoline Wars About to Begin with California?

Posted in EPA, Federal, Trump Track
On August 2, 2018, after many months of public rhetoric from the administration and the states, EPA and the National Highway Traffic Safety Administration sought comment on a joint proposal to modify the Corporate Average Fuel Economy (CAFÉ) standards for years 2021-2025. The Trump administration’s preferred modification would be a freeze on the standards at… Continue Reading

Trump Track: BLM Bar on Compensatory Mitigation: Optics Only?

Posted in Land Use, Natural Resources, Trump Track
On Monday, July 24, 2018, the Bureau of Land Management (BLM) issued a memorandum prohibiting BLM from requiring “compensatory mitigation” projects, except where specifically mandated by the Federal Land Policy and Management Act (FLPMA). BLM will consider “voluntary proposals for compensatory mitigation,” but will not accept monetary payments as compensatory mitigation. “Compensatory mitigation” is defined… Continue Reading

Trump Track: EPA Superfund Task Force – Will Anything Really Change?

Posted in EPA, Trump Track
The EPA Superfund Task Force was commissioned by then Administrator Scott Pruitt to develop recommendations for sweeping changes to the Superfund process to provide more clarity and efficiency to the process. The task force issued a long list of recommendations in July 2017 and EPA recently issued a report documenting the status of EPA’s implementation… Continue Reading

Trump Track: Be Careful What You Ask For

Posted in Federal, Trump Track
The Trump Administration has taken the position that the President not only has the power under the Antiquities Act of 1906 to unilaterally establish national monuments, but also the unfettered authority to reduce in size or eliminate national monuments established in earlier administrations. Accordingly, the Trump Administration has undertaken a review of every national monument… Continue Reading

Trump Track: FERC Rejects DOE Coal/Nuclear Rule Proposal But Initiates A New One

Posted in FERC, Trump Track
On January 8, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order declining to conduct a rulemaking proposed by Department of Energy Secretary Rick Perry to that would create rate incentives for the coal and nuclear industries (“Proposed Rule”). The Proposed Rule would have required FERC-jurisdictional Independent System Operators (“ISOs”) and Regional… Continue Reading

Trump Track: Polluters Play?

Posted in EPA, Trump Track
On December 11, 2017, the NY Times’ headline read: Under Trump, E.P.A. Has Slowed Actions Against Polluters, and Put Limits on Enforcement Officers.  The article reviews EPA enforcement during the first nine months of the Trump Administration.  The writers cite not only statistical comparisons with the first year of the Bush and Obama EPAs, but… Continue Reading

Trump Track: EPA’S Sue and Settle Process – Justification or Rejection?

Posted in EPA, Trump Track
As noted in this space, on October 16, 2017, EPA Administrator Scott Pruitt issued a memorandum announcing new policies to avoid what he considered inappropriate approaches to resolving litigation, commonly referred to by the rubric “sue and settle.”  The major changes in policy included inviting participation by all interested parties in any settlement negotiations, more… Continue Reading

$13mm NRD Settlement in 2003 Oil Spill Illustrates Long Tail on OPA Natural Resource Damage Claims

Posted in Litigation, Natural Resources, Oil & Gas, Trump Track
On October 17, 2017, the U.S. and the States of Rhode Island and Massachusetts lodged what was acknowledged as a “unique” settlement with a tug boat owner and operator for natural resource damages resulting from a 2003 marine oil spill. In U.S. v. Bouchard Transportation Company, the defendants had earlier settled other federal, state and… Continue Reading

Trump Track: Test for EPA’s Sue and Settle Process

Posted in EPA, Federal, Health and Safety, Litigation, Trump Track
As noted previously on this blog, on October 16, 2017, EPA Administrator Scott Pruitt issued a memorandum announcing new policies to avoid what he considered inappropriate approaches to resolving litigation, commonly referred to by the rubric “sue and settle.” The major changes in policy included inviting participation by all interested parties in any settlement negotiations,… Continue Reading

Trump Track: EPA Sue and Settle Fix?

Posted in EPA, Trump Track
On October 16, 2017, EPA Administrator Pruitt issued a memo to his agency directing that managers take certain steps to curtail the practice known as “sue and settle.” This practice most often is used for relatively quick resolution of citizen suits by environmental groups against the EPA involving the agency’s failure to comply with statutory deadlines for… Continue Reading

Trump Track: Portland Harbor Reset Redux

Posted in EPA, Trump Track
Last Thursday, I posted about EPA apparently looking at resetting the approach to the Portland Harbor Superfund site.  I believe that the cost associated with the cleanup plan contained in Region 10’s Record of Decision (ROD) is out of proportion to the environmental benefits it would achieve, and despite the 17 years it has taken… Continue Reading

Trump Track: EPA Beginning Anew at Portland Harbor Superfund Site?

Posted in CERCLA, Trump Track
Although no official pronouncement has been issued, it appears that EPA Headquarters is looking at resetting the scoreboard for the Portland Harbor Superfund site. EPA had already signaled  that it would be reviewing significant, long-unresolved Superfund sites with an eye toward streamlining the process.  However, the latest action on Portland Harbor may have the opposite… Continue Reading

Trump Track: DOE Proposes FERC Action to Benefit Coal and Nuclear Power

Posted in FERC, Trump Track
On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to the Federal Energy Regulatory Commission (“FERC”) pursuant to §403(a) of the DOE Organization Act.  Regulations proposed in the NOPR would require FERC-jurisdictional Independent System Operators (“ISOs”) and Regional Transmission Organizations (“RTOs”) to develop rules for compensation of certain… Continue Reading

Trump Track: EPA/DOJ Funding Split

Posted in EPA, Trump Track
EPA has proposed to end its funding of Superfund enforcement activities by the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). In its proposed budget for FY 2018, EPA has cut the nearly $26MM that DOJ included in its budget for FY2018.  This represents a complete change from the practice since 1986, when… Continue Reading

Trump Track: WOTUS Wrangle

Posted in Trump Track, Water Law
We have strange bedfellows, as business groups, states and environmentalists maneuver before the Supreme Court over the Obama Administration regulation defining “waters of the US” (“WOTUS”) under the Clean Water Act (CWA). Organizations supporting and opposing the rule all argue that the Court should overrule the decision of the Sixth Circuit Court of Appeals holding… Continue Reading

Trump Track: Is Superfund Small Ball Best?

Posted in CERCLA, Trump Track
The most active agency in carrying out the Trump agenda in its first year has been the EPA, where there has been a raft of efforts to roll back the regulatory initiatives of the Obama Administration. However, in one area the agency has promised to take a more active approach, with Administrator Pruitt promising to… Continue Reading