*Article first appeared in Bloomberg Law on June 18, 2020.
A new executive order seeks to accelerate federal approvals of infrastructure and development projects, relying on various emergency authorities in environmental statutes. The authors of this article say the scope of these provisions, as well as their interaction with other laws, is uncertain, and investors and developers should be cautious of potential judicial challenges.
Companies have started reporting their manufacture or imports of newly designated high-priority substances under the Toxic Substances Control Act—and paying EPA costs for evaluating the substances’ risk. Sidley lawyers explain the risk evaluation process and how companies can strategically engage with EPA on the scope of risk evaluations.
Earlier this week President Trump issued an executive order aimed at bolstering economic recovery as businesses reopen. This has potential for marked effects on environmental enforcement in light of how the Environmental Protection Agency and the Department of Justice have already been adapting environmental priorities in the face of the pandemic. (more…)