The Trump Administration has signaled that it plans to expand energy production, expedite energy permitting, and ‘roll-back’ regulations and practices that impede growth. As part of this effort, Mr. Trump has named Lee Zeldin, a former GOP member of Congress, to lead the EPA.
Mr. Trump has stated that Mr. Zeldin wishes to “ensure fair and swift deregulatory decisions” while maintaining “the highest environmental standards, including the cleanest air and water on the planet.’’ Further, Elon Musk and Vivek Ramaswamy, heads of the so-called Department of Government Efficiency, or DOGE, have vowed to work with the Trump Administration to use executive action “to pursue three major kinds of reform: regulatory rescissions, administrative reductions and cost savings.”
Author: BSW
Trump, Part Two
The second Trump Administration will likely usher in a pitched battle between its attempt to ‘roll-back the Biden Administration’s environmental rules and policies and environmentalists’ defense of those same rules and policies. The outcome is anything but clear.
The Biden Administration still has some time and power to cement its legacy. In this interim transition period, it can, among other things, deny requests for reconsideration of promulgated rules, grant petitions of objection to Title V permits, and seek expedited rulings in multiple court cases across the country. It can also finalize proposed rules and policies. However, those actions can be undone, delayed, or stymied once the Trump Administration assumes control of the EPA and the Department of Justice.
Continue reading “Trump, Part Two”ILTA Environment, Government, Health, Safety & Security Committee : The End of Chevron Deference — 10/1/2024
Has EPA’s Environmental Justice Efforts Reached Their Peak?
EPA’s environmental justice efforts have certainly increased since January 2021 when the Biden Administration came into power. From Administrator Regan’s Journey to Justice tour in 2021, embedding environmental justice concepts in all aspects of EPA’s activities, and accepting and aggressively investigating civil rights complaints, it seemed environmental justice was EPA’s Number One priority. While additional efforts were perhaps overdue, EPA’s fast-paced journey to environmental justice has not been without potholes and roadblocks.
Continue reading “Has EPA’s Environmental Justice Efforts Reached Their Peak?”CenSARA Fall Meeting: The End of Chevron Deference — 9/10/2024
Supreme Court Deals a Blow to the Administrative State
The Supreme Court has overruled Chevron, its forty-year-old decision which has allowed administrative agencies to impose their regulatory will on industries, small businesses, and individuals by requiring that courts defer to an agency’s interpretation of a statute. According to EPA Administrator Regan, the decision “hits EPA extremely hard.”
In general terms, Chevron provides guidelines for a court to review an agency’s action pursuant to an act of Congress using a two-step framework. First, a court must assess whether Congress, in the statute, has spoken directly to the issue at hand and, if so, that is the end of the inquiry as the clear will and intent of Congress must be followed. However, if the statute is silent or ambiguous as to the agency action at issue, the court must, as the second step, defer to the agency’s interpretation if it is based on a permissible construction of the statute. As many statutes are silent or ambiguous as to an issue, Chevron allowed agencies to wield great power to act as long as the action was based on a permissible reading, even if the court did not necessarily agree with that reading.
Continue reading “Supreme Court Deals a Blow to the Administrative State”A&WMA ACE 2024: Environmental Justice Activities in Louisiana — 6/27/2024
Has EPA’s Environmental Justice Push Peaked?
Upon assuming office, the Biden Administration began an ‘all of government’ approach to securing environmental justice for everyone, especially those living near industrial facilities and contaminated sites. Based on a series of executive orders, federal agencies used existing statutes and regulations, plus new guidance, to advance the new agenda.
EPA was no exception and, in fact, may have set the pace for infusing environmental justice considerations into permitting, regulations, compliance, and remediation activities. Administrator Regan went on a “Journey to Justice” tour in Texas, Louisiana, and Mississippi and created the Office of Environmental Justice and External Civil Rights to enforce several federal civil rights laws, including Title VI of the Civil Rights Act of 1964. Strategic plans, equity action plans, and guidance memos were written to guide EPA’s activities and annual reports extolling EPA’s accomplishments were published.
Continue reading “Has EPA’s Environmental Justice Push Peaked?”
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