As part of his regulatory reform agenda, President Donald Trump instructed federal agencies to review their regulations to identify requirements that burden businesses and industry.  See EO 13771 and EO 13777.  In order to comply with these directives, on June 8, 2017, the U.S. Department of Transportation (DOT) requested public comments to identify statutes, rules, regulations, and interpretations in policy statements or guidance “that unjustifiably delay or prevent completion of surface, maritime, and aviation transportation infrastructure projects.”

Continue Reading DOT Requests Input Regarding Burdensome Regulatory Requirements

ATLANTA – April 3, 2017 – Troutman Sanders LLP announced today the addition of a team of nationally recognized lawyers specializing in oil and gas pipeline legal issues. Bob Hogfoss, Catherine Little and Annie Cook have joined the firm as partners. They previously practiced at Hunton & Williams LLP.

Continue Reading Troutman Environmental Team Grows Again: Nationally Recognized Pipeline Group Joins Troutman Sanders

In a Wall Street op-ed piece yesterday, House Majority leader Kevin McCarthy announced that the House intends to pass resolutions next week under the Congressional Review Act (CRA) to kill two prominent Obama Administration environmental initiatives, the Interior Department’s Stream Protection Rule (which applies to coal mining) and EPA’s methane performance standards for oil and gas facilities.  Under the CRA, Congress can void agency regulations upon a bare majority vote of each chamber.  Sixty votes are therefore not needed in the Senate to kill a regulation.  Once a CRA resolution is signed by the President, the agency is prevented from adopting a substantially similar regulation. Continue Reading House Republicans Intend to Repeal Major Environmental Regulations Using Congressional Review Act

On January 24, President Donald J. Trump signed presidential memoranda jumpstarting the stalled Keystone XL (“Keystone”) and Dakota Access (“Dakota”) pipelines.  President Obama previously rejected TransCanda Corp’s application for a permit to cross the United States-Canadian border, finding at the time that the 1,700-mile pipeline was not in the national interest.  The United States Army Corps of Engineers (“USACE”) similarly decided  last month that it would not issue an easement allowing the Dakota pipeline to cross federal land in North Dakota, opting instead to consider alternative routes to reduce environmental and cultural impacts to the Standing Rock Sioux Tribe. Continue Reading President Trump Issues Presidential Memoranda Backing Keystone and Dakota Access Pipelines

On January 12, 2017, EPA published a final rule adjusting for inflation the civil monetary penalty amounts for the statutes it administers. This most recent adjustment follows on the heels of a major adjustment finalized in July 2016.  These adjustments are mandated by 2015 revisions to the Federal Civil Penalties Inflation Adjustment Act.  The new law required agencies to make initial “catch-up” adjustments by July 2016, followed by annual inflation adjustments beginning January 15, 2017.  In the past, EPA only adjusted penalty levels for inflation once every several years.

Continue Reading EPA Increases Maximum Civil Monetary Penalty Amounts

Recently, the Office of Environmental Health Hazard Assessment (“OEHHA”) in California finalized revisions to the regulations implementing Prop 65 – the California law that requires business to provide a “clear and reasonable warning” to consumers on products that contain any chemicals listed by California as causing cancer or reproductive harm.

Continue Reading California’s Prop 65 Labeling Requirement Is About to Get Even More Burdensome