Manko, Gold, Katcher & Fox takes a look at some of the key issues to watch in 2019 at the Federal level and at the state level in Pennsylvania and New Jersey.
The Trump Administration and EPA in 2019
During his first year in office, President Trump signed executive orders declaring his intent to dismantle environmental rules, with the goal of easing regulatory burdens on industry, boosting economic growth, and gaining energy independence. As we predicted in our Forecast for 2018, EPA took several significant actions in furtherance of these goals last year, including, for example: formally proposing a new rule to replace the Obama-era Clean Power Plan; announcing revisions to several regulations in line with the Administration’s support for reviving the coal industry (e.g. relaxing New Source Performance Standards (NSPS) rules for coal plants and requirements for coal ash disposal); and, proposing a new rule limiting the scope and application of the “Waters of the United States” (WOTUS) rule. This year, we can expect EPA’s regulatory rollbacks to continue, but not without fervent challenges from environmental advocacy groups and heavy oversight from the newly-Democrat House of Representatives. Below are some significant Clean Air Act, Clean Water Act, Budgetary, Enforcement and Personnel issues that EPA will be facing this year. Superfund, hazardous waste, New Source Review, Renewable Fuel Standards and Endangered Species Act developments are addressed by separate articles in the MGKF 2019 Environmental and Energy Law Forecast.