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.”
Category: Administrative Procedures Act
Clean Water Rule Jurisdiction Resolved in National Association of Manufacturers v. the Department of Defense But Uncertainty Prevails
On January 22, 2018, the United States Supreme Court issued its unanimous ruling in National Association of Manufacturers v. the Department of Defense, et al., No. 16-299. The decision resolves the issue of the proper court for judicial review of the Clean Water Rule (Rule) issued by the Environmental Protection Agency (EPA) and the Corps of Engineers (Corps).
This article will provide some background about the Rule and legal challenges, information about the Supreme Court’s ruling, and highlight some of the uncertainties created in the wake of the decision. Continue reading “Clean Water Rule Jurisdiction Resolved in National Association of Manufacturers v. the Department of Defense But Uncertainty Prevails”
Construction Sites – EPA Proposes Tightened Storm Water Standards
Construction Sites – EPA Proposes Tightened Storm Water Standards
The EPA has been proposing tighter regulation of storm water discharges from construction sites. In the rule proposed on November 28, 2008, EPA establishes minimum requirements that will apply nationally. 73 Fed. Reg. 72562 – 72614 (Nov. 28, 2008).
All construction sites will be required to implement a range of erosion and sediment control best management practices (BMPs) to reduce pollutants in storm water discharges. Erosion controls are considered effective when bare soil is uniformly and evenly covered with vegetation or other suitable materials, storm water is controlled so that rills and gullies are not visible, sediment is not visible in runoff from these areas, and channels and streambanks are not eroding. Effective sediment controls include a variety of practices that are designed to remove sediment within the range of particle sizes expected to be present on the site. The proposed rule provides minimum standards that must be achieved through use of BMPs. Continue reading “Construction Sites – EPA Proposes Tightened Storm Water Standards”
BSW Environmental Blog 