President Trump Directs Federal Agencies to Solicit Input from the Manufacturing Sector on Streamlined Permitting and the Reduction of Regulatory Burdens

In his first week in office, President Trump has signed several Presidential Memoranda and Executive Orders aimed at encouraging domestic infrastructure development. Many of these executive actions direct federal agencies to adhere to a pair of central tenets, i.e., expedited review for high priority infrastructure projects and the use of U.S. materials and equipment. The “Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing” signed on January 24, 2017, expands on these themes and directs federal agencies to undertake a notice and comment...

In Line With Recent Precedent, Trump Administration Directs Federal Agencies to Halt New Regulations

As expected, one of President Trump’s first actions after being sworn in to office was to issue a memorandum outlining his administration’s plans for managing new or pending federal regulations. As shown in the Table below, the memorandum from President Trump’s Chief of Staff, Reince Priebus, to the heads of executive departments and agencies falls generally in line with the initial actions of several recent new Presidents, from Reagan to Obama. With a goal of allowing those in the Trump Administration an opportunity to review midnight regulations, the memorandum orders federal agencies to,...

PHMSA Proposes Plans to Revise Volatility Standard for the Transport of Crude Oil

Today, PHMSA released an advanced notice of proposed rulemaking (ANPRM), announcing that it is considering revising the Hazardous Materials Regulations (HMR) to establish vapor pressure limits for the transportation of crude oil and potentially all Class 3 flammable liquid hazardous materials. The ANPRM is in response to a petition for rulemaking from the New York Attorney General that requested PHMSA establish a nationwide vapor pressure standard for the transportation of crude oil by rail. Going beyond the scope of the NY AG’s petition, the ANPRM asks stakeholders whether any future...

Federal Court Sets Timeline for EPA to Reconsider Regulation of Oil and Gas Waste Under RCRA

In yet another example of the U.S. Environmental Protection Agency (EPA’s) “sue and settle” approach to regulation, in late December 2016, EPA entered into a Consent Decree with an environmental group and agreed to reconsider the Agency’s current treatment of oil and gas wastes under the federal Resource Conservation and Recovery Act (RCRA). See Consent Decree, Civil Action No. 16-842. With the D.C. District Court’s approval of this Consent Decree, EPA is now bound to a court-imposed timeline for determining (1) how oil and gas wastes should be regulated under RCRA Subtitle D; and (2) whether...

Renewable Energy Tax Incentives – Potential Clues To An Uncertain Future

BACKGROUND After President Obama was sworn into office, the renewable energy industry saw a boom in temporary tax incentives with the passage of the American Recovery and Reinvestment Tax Act of 2009. Almost 8 years later, the fate of renewable energy tax incentives under the Trump administration is uncertain. Trump’s transition team, his advisors, and President-Elect Trump have given mixed signals on their views on tax incentives for renewable energy. While some advisors have indicated that the credits will remain in place, others have called for a full repeal. Trump himself has reportedly...

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