The Trump Administration has pursued an ambitious goal to reduce federal regulation. The administration has slowed the promulgation of new rules, and in early 2017 a bevy of late-term Obama-era rules still subject to the Congressional Review Act were overturned by the GOP Congress. View Full Post
Building off of President Trump’s “Made in America” campaign commitment, the Trump Administration issued a tariff on steel imports on March 8, 2018. The proclamation finds that the imposition of duties on steel articles is necessary to ensure that steel imports will not threaten national security and, effective March 23, 2018, steel imports will be subject to a twenty-five (25) percent ad valorem tariff, except for imports from Canada and Mexico. View Full Post
FERC Narrowly Approves ISO-NE Proposal Regarding State-Sponsored Generation Resources The split ruling may have broader implications for FERC’s stance toward state-sponsored resources. By Michael J. Gergen, Tyler Brown, and Peter R. Viola The Federal Energy Regulatory Commission (FERC) has approved ISO New England Inc.’s (ISO-NE’s) two-stage capacity market proposal, Competitive Auctions with Sponsored Policy Resources (CASPR), by a 3-2 vote, with Chairman Kevin McIntyre and Commissioners Cheryl LaFleur and Neil Chatterjee voting in support, and Commissioners Robert Powelson and Richard Glick voting against. View Full Post
In a surprising turn of events this week, PHMSA approved a request from the media to attend a hearing in the Agency’s Southwest Region offices in Houston yesterday.  An environmental reporting service (E&E News) submitted a request to PHMSA last week to attend a hearing requested by Cheniere, in response to an enforcement action related to an incident at that company’s LNG export facility, and threatened legal action after receiving no response to their request.  View Full Post
Interesting times in the legal professions, as shown by the numbers below from a February 20, 2018 post at Above the Law. But the numbers only tell part of a more complex story. “The Billion-Dollar Club:” Eversheds Sutherland $1.03 Billion Goodwin Procter $1.032 Billion Akin Gump $1.039 Billion Morrison & Foerster $1.06 Billion Cooley $1.07 Billion Paul Weiss $1.3 Billion Gibson Dunn $1.64 Billion White & Case $1.8 Billion Sidley Austin $2.036 Billion View Full Post
On March 8, 2018, California regulators reached a settlement agreement with Home Depot wherein the retail giant agreed to pay $27.84 million for various hazardous waste violations.  The State hit Home Depot with penalties for alleged violations identified during inspections occurring between 2013 and 2015, due to improper disposal of certain types of waste, including batteries, aerosol cans, paints, and electronic devices.  View Full Post
On January 22, 2018, U.S. EPA’s Assistant Administrator issued a memorandum to all U.S. EPA Regional Administrators that contained interim guidance on enforcement of environmental violations by State EPAs and the federal EPA.  The interim guidance is a significant shift away from the traditional federal/state balance on enforcement giving much greater leeway to the States.  U.S. View Full Post