On April 10, the D.C. Circuit heard oral argument in an appeal filed by Sierra Club and other environmental groups seeking to force EPA to release utility effluent treatment data that the agency used to inform its Steam Electric Effluent Limitations Guidelines (ELG) rule.  The environmental groups are requesting that the D.C. Circuit overturn the district court’s ruling, which sides with EPA. EPA collected the data from electric utility companies on their wastewater treatment technologies, pollutants, and incremental costs.  The environmental groups plan to use the data to support their appeal of the ELG rule, which is pending in the 5th Circuit.

The Environmental Protection Agency (EPA) recently initiated actions in response to multiple Executive Orders issued by President Trump directing major regulatory reforms.  In a staff memo intended to facilitate compliance with the “Enforcing the Regulatory Reform Agenda” Executive Order, EPA Administrator Scott Pruitt designated a Regulatory Reform Officer and established a Regulatory Reform Task Force to evaluate existing regulations and make recommendations regarding those that can be repealed, replaced or modified to reduce the burdens on the regulated community.  Administrator Pruitt further directed the Offices of Air and Radiation, Land and Emergency Management, Chemical Safety and Pollution Prevention, Water, Environmental Information, Congressional and Intergovernmental Relations and Small and Disadvantaged Business Utilization to provide the Task Force with recommendations for specific rules that should be targeted.  Each of these offices must hold a dedicated public meeting and provide their recommendations by May 15th.

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.

The federal appellate court hearing the appeal of EPA’s “Section 111(b)” regulations establishing a carbon capture and storage “new source performance standard” for new coal-fueled electric generating stations has today suspended the April 17, 2017 date for oral argument in the case.  The U.S. Court of Appeals for the D.C.…

Among the provisions of President Trump’s March 28, 2017,  Executive Order “Promoting Energy Independence and Economic Growth” (the “Executive Order”) is the repeal of President Obama’s November 3, 2015, Presidential Memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (the “Obama Memorandum”).  The Executive Order also directed all agencies to identify “Agency Actions” (existing regulations, orders, guidance documents, policies, and other similar agency actions) arising from the Obama Memorandum and, as appropriate, and “as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules [to do so]…”

Flanked by two dozen coal miners, Vice President Mike Pence, EPA Administrator Scott Pruitt, Energy Secretary Rick Perry, and Interior Secretary Ryan Zinke, and joined by various coal state congressmen and industry executives, President Trump visited EPA headquarters yesterday to sign a long-anticipated Executive Order to end the previous administration’s so-called “war on coal.”

Following a short delay caused by the Trump Administration’s January 20, 2017 White House Memorandum halting implementation of several regulatory processes, the rusty patched bumble bee was officially listed as an endangered species by the U.S. Fish and Wildlife Service (the “Service”) on March 21, 2017.

Last week, a federal district court ordered the Environmental Protection Agency (EPA) to complete its “risk and technology review” of existing hazardous air pollutant (HAP) rules for 20 industrial sectors within three years.  The order comes in response to a lawsuit filed by environmentalists arguing that EPA is years overdue…