02/22/2021 - Environmental Governance

EELP Analysis of Trump Environmental Regulatory Actions

This page lists EELP work analyzing environmental rollback actions of the Trump administration. This list does not reflect the additional analysis available in our EPA Mission Tracker (which includes additional topics such as environmental justice, EPA’s cost benefit rule, and the numerous actions taken that changed the way the agency considers science in the regulatory process, among others). You can also find more detail on additional Trump-era deregulatory activity on our Regulatory Rollback Tracker.

Jan. 28, 2021 EPA’s Lead and Copper Rule: Examining Challenges and ProspectsDaniel Eyal, JD 2023

Jan. 25, 2021 Section 401 of the Clean Water Act from Trump to BidenPeter Kalicki, JD 2022

Jan. 13, 2021 Deconstructing Environmental Deregulation Under the Trump AdministrationHannah Perls in the Vermont Law Review

Nov. 3, 2020 Forest Service Proposal Deemphasizes Environmental Concerns to Streamline Oil and Gas Leasing Process, Lindsay Williams, JD 2022

October 22, 2020 Weighing the Risks of Using the CRA to Restore EPA’s Methane Standards, Ari Sillman, JD 2021

October 15, 2020 Managing Public Lands under the Trump Administration and Beyond

Sept. 9, 2020 EPA’s Final Methane Emissions Rules Roll Back Standards and Statutory Authority, by Hana Vizcarra

July 14, 2020 EPA’s Benefit-Cost Proposal in the Context of PM Pollution RegulationJoe Goffman and Laura Bloomer

May 6, 2020Interior Rolls Out Controversial E-Bikes RulesPeter Daniels, JD 2021

May 4, 2020 Deepwater Horizon Ten Years Later: Reviewing agency and regulatory reformsHana Vizcarra

April 30, 2020 Defending Science and Collaborative Conservation: Sage-Grouse and Western Watersheds Project v. Schneider (D. Idaho 2019)Peter Daniels, JD 2021

April 23, 2020 How to Undo the Trump-Era Regulatory Rollbacks to Redo Environmental Protection, Cole Jermyn, JD 2021, and Laura Bloomer

April 16, 2020 Backgrounder: Appropriate & Necessary Finding – Mercury & Air Toxics (MATS)

April 14, 2020 When Industry Support for Stricter Regulation is Good Business: Considering the Car Rules and Methane StandardsMartin Levy, JD 2020

April 6, 2020 Comprehensive Car Rules Overview

February 26, 2020 Three Years After— Where Does Implementation of the Lautenberg Act Stand? Kevin McLean

February 14, 2020 How Statutory Interpretation of the Clean Air Act Serves the Trump Administration’s Deregulatory Agenda, Joe Goffman and Laura Bloomer

January 28, 2020 The Coal Ash Rule Trilogy Spanning Obama, Trump, and the D.C. Circuit, Katherine Clements, JD 2021

October 31, 2019 EPA’s Attack on New Source Review and Other Air Quality Protection ToolsJoseph Goffman, Janet McCabe, William Niebling

October 22, 2019 EPA’s House of Cards: the Affordable Clean Energy Rule, Joe Goffman and Caitlin McCoy

September 30, 2019 The Legal Consequences of EPA’s Disruption of the NAAQS ProcessJoe Goffman and Laura Bloomer

August, 28 2019 Analysis of the Regulation and Deregulation of U.S. Ocean and Fisheries Policies, Hana Vizcarra and Laura Bloomer

August 5, 2019 Closing the Door on EPA Jurisdiction over Groundwater, Caitlin McCoy

August 2019 What’s at Stake in the Trump EPA’s Approach to New Source Review?Janet McCabe, Joe Goffman, and William Niebling

July 26, 2019 Looking Forward from California’s Historic Agreement with Automakers, Caitlin McCoy

June 28, 2019 California’s First Legal Battle over the New Car Rules, Caitlin McCoy 

April 30, 2019 Energy EOs In Depth (a series)

March 14, 2019 Rolling Back the Mercury and Air Toxics Standards: Proposed Withdrawal of “Appropriate and Necessary” by Joe Goffman

January/February 2019 Kavanaugh’s Ascent Is Enormously Significant for Environmental LawThe Environmental ForumRichard Lazarus explores the potential consequences of Brett Kavanaugh’s appointment on environmental law based on the numerous environmental cases in which he participated on the D.C. Circuit.

Jan. 10, 2019 How Congress Can Curb the Dismantling of the Environmental Protection Agency: An Oversight Agenda by Joe Goffman

Dec. 10, 2018 Issue Backgrounder: Definition of Waters of the U.S. Caitlin McCoy prepared a background memo in anticipation of the release of EPA’s proposed rule redefining Waters of the U.S. on Dec. 11, 2018 with relevant background information and what to expect from the proposal.

Nov.-Dec. 2018 Reconstruct an Administrative Agency, Environmental Law Forum, by Executive Director Joe Goffman examines the structures that Scott Pruitt dismantled during his tenure at EPA.

Nov. 5, 2018 Beyond the Waiver: EPA’s Plan to End State GHG Vehicle Standards, by HLS student Michelle Melton (JD ’19), examines how the administration’s proposed new greenhouse gas emissions standards for cars reinterpret CAA § 177, stripping the states beyond California of their ability to adopt greenhouse gas standards for vehicles in their jurisdictions

Oct. 29, 2018 Memorandum on EPA’s Proposed Changes in New Source Review in ACEStaff Attorney Hana Vizcarra provides an outline of the Trump administration’s proposed changes to the Clean Air Act New Source Review program and analysis of the legal arguments and impacts.

Oct. 11, 2018 Memorandum on the proposal to repeal the Clean Power Plan and the proposed ACE Rule provides an outline of the arguments advanced in i) the proposal to repeal the Clean Power Plan (CPP) and ii) the proposed Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, part of the Affordable Clean Energy (ACE) Rule.

Sept. 28, 2018 Memorandum on EPA Review of the Mercury and Air Toxic Standards. This Issue Backgrounder provides an early look at potential changes to the Mercury and Air Toxic Standards and possible resulting pollution impacts and provides important background on the rule itself and the legal issues involved.

Aug. 24, 2018 CAFE Standards and the California Preemption Plan. This legal memorandum walks through the preemption analysis laid out in EPA and NHTSA’s proposed rules for fuel economy and greenhouse gas (GHG) emissions standards to explain how the agencies are approaching the issue.

June 19, 2018 California, CAFE Standards, and the Energy Policy and Conservation Act. This legal memorandum examines the law of exemption under the Energy Policy and Conservation Act and how it impacts EPA and NHTSA actions concerning fuel economy and vehicle emissions standards.

October 20, 2017 Arkema Chemical Plant & the 2017 Risk Management Program Amendments, by Laura Bloomer and Kate Konschnik.

July / August 2017 Will Justice Gorsuch on Water Act Prove Different Than Scalia Would?, The Environmental Forum. Professor Richard Lazarus, Howard and Katherine Aibel Professor of Law, examines what effect Justice Gorsuch’s appointment might have on the outcome of this case, and on environmental law itself, in his recent article for The Environmental Forum.