On February 24, 2017, industry groups challenged the final Hazardous Waste Generator Improvements Rule (“Final Rule”) in the Court of Appeals for the D.C. Circuit.  The long-anticipated Final Rule was published in the Federal Register on November 28, 2016 (81 Fed. Reg. 85732).  Pursuant to Resource Conservation and Recovery Act (“RCRA”) section 7006, petitioners have ninety days from that date to challenge the rule in the D.C. Circuit.  Because the ninety-day deadline to challenge the rule expired on Monday, February 27, 2017, no more challenges may be filed.  A previous discussion of the Final Rule and its potential impacts can be found here.

Parties that are potentially responsible for residential environmental contamination in North Carolina face broad exposure and unpredictable outcomes. A recent appellate decision limiting damages commercial property owners can recover for environmental contamination to the diminution in value of the property greatly expanded the potential scope of liability for residential environmental…

EPA has reportedly been instructed by the Office of Management and Budget (“OMB”) to develop a plan for consolidating its ten (10) regional offices into eight (8) as a way to realize efficiencies and reduce costs. The proposed reduction in the number of regional offices is part of the OMB’s broader budget document for fiscal year 2018, which is reported to propose a 25 percent cut to the agency’s overall budget, a 30 percent reduction in state grants, and a 20 percent cut in personnel. The proposals are preliminary, and President Trump’s official budget outline for FY 2018 is expected to be issued March 16th.  The federal fiscal year begins on October 1st.

On March 1, 2017, the Senate confirmed Ryan Zinke as Secretary of the Interior.  In grand fashion, Secretary Zinke arrived to his first day of work—at the invitation of the National Park Service (“NPS”) Park Police—riding an Irish sport horse.  As Secretary of the Interior, Zinke’s responsibilities will include overseeing the management of national lands, waters and resources through the Bureau of Land Management (“BLM”), the NPS, the Fish and Wildlife Service (“FWS”), the Bureau of Indian Affairs, and several other agencies.  Secretary Zinke is a former Navy SEAL and a former Republican Congressman from Montana.

Yesterday, the EPA withdrew its request seeking data from the oil and gas industry on methane emissions from existing oil and gas operations, effective March 2, 2017.  The 2016 information collection request (ICR) required more than 15,000 owners and operators to provide detailed information about types of equipment, methane sources and emission control devices or practices at oil and gas facilities in the United States.  In a brief notice, EPA stated its desire to assess the need for the information targeted by the ICR and reduce burdens on businesses while assessing that need.  EPA also highlighted the receipt of a letter from nine state Attorneys General and the Governors of Mississippi and Kentucky expressing their concerns with the burdens imposed on businesses by the ICR.

In a brief ceremony yesterday, President Trump signed an Executive Order requiring EPA and the U.S. Army Corps of Engineers to review the final “Clean Water Rule,” also known as the  Waters of the United States (WOTUS) Rule to ensure it is consistent with a new policy also laid out in the order to keep the Nation’s navigable waters free from pollution “while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles played by Congress and the States under the Constitution.”  Although implementation of the Rule has been stayed by the U.S. Court of Appeals for the Sixth Circuit pending further court review, the Executive Order also requires EPA and the Corps to review all orders, rules, regulations, guidelines, or policies implementing the Rule and to revise or rescind such rules consistent with the Executive Order.

California lawmakers have launched their first pre-emptive strike to resist potential future actions from the Trump administration to reverse existing environmental protection policies.  On February 23, 2017, state senators introduced three bills to roll federal environmental protections into California law. The aggressive legislative proposals come less than a week after Scott Pruitt was sworn in as the new Administrator of the Environmental Protection Agency (“EPA”) following a contentious confirmation process. Under Mr. Pruitt’s direction, the EPA is expected to reverse several environmental policy initiatives from the Obama administration, including regulations related to clean air, water, and climate change.

On Friday, February 24, 2017, President Trump signed another Executive Order (EO) aimed at identifying and eliminating federal regulations that burden businesses. Entitled “Enforcing the Regulatory Reform Agenda,” the EO states that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.”

Last week, a federal judge granted a 60-day stay in litigation over critical habitat designation and policy pursuant to the Endangered Species Act (“ESA”).  The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”)—the agencies charged with carrying out such designations pursuant to the ESA—asked for the delay in order to allow incoming Trump Administration officials time to become familiar with the case.

The Senate confirmed Scott Pruitt to be the new EPA Administrator on a vote of 52-46.  Senators Joe Manchin (D-WV) and Heidi Heitkamp (D-ND) crossed the aisle to vote in favor of his nomination and Senator Susan Collins (R-ME) crossed the aisle to vote against the nomination.  The vote followed 30 hours of debate, including an all-nighter last night, as Democratic Party senators voiced their vociferous opposition to his appointment.