Oil Prospecting in the Arctic National Wildlife Refuge: Is it Worth It?

Earlier this week, the Trump administration finalized its plan to open up a portion of the Arctic National Wildlife Refuge in Alaska to oil and gas development. This marks a significant change in protections for the Refuge, as protections have been afforded to this large stretch of wilderness for more than half a century. The Trump administration was drawn to this area of land based on a large coastal plain located in the Refuge, which is believed to contain significant portions of oil. Furthermore, oil production …

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Outside of Colorado, the Navigable Waters Protection Rule Takes Effect

As previously discussed in the Environmental Law Monitor, the Trump Administration has taken action throughout 2020 to narrow the scope of which wetlands and waterways are protected under the Clean Water Act (CWA). The recently limited rule took effect on June 22, 2020, which in essence, opens the doors for developers anxious to get to work ahead of future legal action and the 2020 presidential election.

The EPA first unveiled its planned Navigable Waters Protection Rule in January 2020. The regulation, also known as …

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Pencils Down! New EPA Rule Limits States’ Time and Ability to Review Energy Infrastructure Projects

On June 1, the United States Environmental Protection Agency announced it had enacted a rule to limit states’ ability to block the construction of energy infrastructure projects. Under the rule, first proposed in August 2019, the EPA will alter Section 401 of the U.S. Clean Water Act to make it impossible for a state to block a water permit for a project for reasons other than direct impacts of discharges into state waters and set a one-year deadline for a decision. The proposed rule can …

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Trump Administration: Environmental (Budget) Impact Assessment

Earlier this month, the Trump Administration released its Fiscal Year 2021 Budget requests. As it has in previous years, the administration has proposed steep cuts in funding for the United States Environmental Protection Agency (EPA). Other agencies, such as the U.S. Department of the Interior (DOI), U.S. Department of Energy (DOE), and the U.S. Army Corps of Engineers would also see their budgets trimmed. Although the current Congress is unlikely to agree to such broad-sweeping cuts, the White House’s proposed budget requests provide a strong indicator of the Trump Administration’s priorities. 

The Cuts:

Overall, …

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The Coming Battle Between California and EPA Over Vehicle Fuel Standards — The Implications for CO2 Emissions and Climate Change

Two weeks ago, we reported on potential moves by the EPA to weaken fuel economy standards, and in doing so, picking a fight with California and the state’s ability to set its own emission rules through its waiver under the Clean Air Act. Those threatened moves are now reality, as the EPA announced on Monday that current fuel economy standards will be revised.

But underlying the moves to roll back fuel economy standards is the ongoing war between the Trump Administration’s EPA and efforts to …

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The Push for Repeal of Environmental Regulations: One Year into the Trump Administration, Where Do We Stand?

As we move a little more than a year into the Trump Administration, it probably is time to take a look at where we are in regards to the administration’s publicly stated goal of repealing environmental regulations, many of which are related to climate change. In that context, the New York Times, National Geographic Society, Columbia Law School’s Sabin Center for Climate Change Law, and Harvard University’s Environmental Law Program, are great sources, providing useful tracking information and updates regarding proposed …

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A Public Hearing Before the Death Knell Tolls on U.S. EPA’s Clean Power Plan

The U.S. EPA will conduct a public hearing in Charleston, West Virginia on November 28 and 29, 2017 that concerns the proposed repeal of the Clean Power Plan (CPP).

The CPP, as passed under the Obama Administration in 2015, was designed to combat global warming by reducing carbon dioxide emitted by power plants. Under the CPP, the EPA assigned each state a goal to reduce emissions from existing power plants and gave the states broad discretion to devise their own approach to meet the federal …

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