Category Archives: Executive Order

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Pleasing All the People Some of the Time: New York Simultaneously Proposes Regulations Implementing Its New Siting Law and Community Benefit Program for Renewable Projects

Earlier this year New York state, conceding that its previously enacted siting law had not been effective in siting large-scale renewable energy projects, enacted the Accelerated Renewable Energy Growth and Community Benefit Act (codified primarily in N.Y. Executive Law § 94-c; hereinafter, the Act). The Act, effectively a new siting law for renewable projects, created, … Continue Reading

Presidential Executive Order on U.S. Bulk Power System Equipment from ‘Foreign Adversaries’

On May 1, 2020, President Trump issued an Executive Order (EO) declaring a national emergency due to “foreign adversaries” that are “creating and exploiting vulnerabilities” in the U.S. bulk-power system (BPS). The EO prohibits “transactions initiated after May 1, 2020” for BPS electric equipment with voltages 69 kilovolt and above if the transaction would pose an undue … Continue Reading

EPA’s New WOTUS Rule

On Dec. 11, 2018, EPA and the U.S. Army Corps of Engineers (the Agencies) released a proposal to revise the regulatory definition of “waters of the United States” (WOTUS), as found in the federal Clean Water Act (CWA). The proposal represents another chapter in the long-running debate over the scope of federal authority. The CWA … Continue Reading

The Margate Dune Project, Cooperative Federalism, and Problems of Litigation Procedure

The current federal administration has expressed a desire to defer largely to states through principles of cooperative federalism.  A recent case involving the dune construction in Margate, New Jersey, offers some insight into the procedural complexities this approach presents for those affected.  Where a state oversees a federally funded project, it is unlikely that one … Continue Reading

Department of Interior’s Call for Identification of Rules for Repeal, Modification, or Replacement

The Department of the Interior (the Department) last week issued a Federal Register notice calling on the public to identify regulations for repeal, replacement, or modification. The Department’s action is part of President Trump’s regulatory reform agenda, as embodied in Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which outlines the new administration’s goal of … Continue Reading
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