On Thursday, the Trump administration announced that it was rolling back Obama-era regulations for the protections of rivers and wetlands. This is not the first time the current government has done such a thing. In fact, it has successfully repealed or begun to rollback 95 environmental regulations since coming into power in 2017. The administration has throughout branded its initiative as a way to remove obstacles for business, especially the fossil fuel industry.
Harvard Law School Library
From Statista: Environmental Rollbacks Under the Trump Administration Jan 24, 2020
By Ari Peskoe, Caitlin McCoy, Hana Vizcarra, Laura Bloomer*, Harvard Law
- Fuel Economy and Greenhouse Gas Standards for Cars
- Ongoing litigation challenging The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program which blocks California from setting its own greenhouse gas standards for vehicles and blocks Zero Emission Vehicle programs in all states.
- One case challenging the National Highway Traffic Safety Administration’s actions pending in the D.C. District Court. Another case challenging EPA’s actions in the D.C. Circuit.
- The final fuel economy and greenhouse gas standards are expected in early 2020 and there will likely be litigation challenging those rules as well.
- Ongoing litigation challenging The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program which blocks California from setting its own greenhouse gas standards for vehicles and blocks Zero Emission Vehicle programs in all states.
- Waters of the U.S. Rule
- The release of the final rule revising the definition of Waters of the U.S. under the Clean Water Act as well as any litigation challenging the new rule. The definition determines which wetlands and waterways receive Clean Water Act protections.
- PURPA Regulations
- The Public Utility Regulatory Policies Act (PURPA) requires all electric utilities to buy energy from certain types of renewable energy generators. FERC administers rules that are largely unchanged since 1980. In November, FERC proposed significant changes that would have the effect of reducing investment in renewable energy under the PURPA development model. We will follow finalization of the new regulations in 2020 and related litigation.
- Strengthening Transparency in Regulatory Science
- The release and implementation of any supplemental or final proposals to see how EPA incorporates the comments received from scientists and other stakeholders.
- A final rule limiting the science EPA can consider would significantly impact EPA’s decision-making and rulemaking process, potentially leading the agency to ignore significant scientific findings that should inform its regulatory programs.
- Power Plant Effluent Limits
- EPA has proposed revising the 2015 wastewater guidelines and standards for power plants, including certain exemptions for “high flow” facilities, low utilization boilers, and boilers retiring by 2028. It is possible we will see a final rule in 2020 after a proposed rule was published on Nov. 22, 2019.
- Methane Standards from Oil and Gas Facilities
- The release of a final rule rescinding emissions limits for methane on oil and gas production and processing.
- The proposed rule was published on Sept. 24, 2019 and proposed several changes to the standards like removing transmission and storage from regulation altogether.
- Coal Ash Regulations
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- Finalization of the July 2019 proposed rule, which loosens some requirements from the 2015 rule, and the Nov. 2019 proposed rule, which seeks to comply with the D.C. Circuit’s ruling in Utility Solid Waste Activities Group v. EPA.
- Latest proposed rule from Dec. 2019 creating the federal program.
- Potential litigation related to the finalization of any of the three proposed rules.
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