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Regulatory Uncertainty and New Source Performance Standards on Methane

Recent U.S. presidential administrations have been the apex of what scholars have identified as “the rise of executive-level power, the use of the ‘administrative presidency,’ and the growing democratic deficit.” Indeed, with legislative gridlock in the U.S. Congress that seems to have no end in sight, the use of agencies in the executive branch has been adopted by both political parties as the main vehicle of policymaking. This Comment acknowledges the ongoing regulatory uncertainty in the United States, categorizes it, and explores theoretical frameworks for presidential transitions.

87 FR 26771

The Advisory Council on Historic Preservation proposed an exemption that would relieve federal agencies from requirements to take into account the effects of their undertakings on historic properties that involve the installation of certain electric vehicle supply equipment. 

The New Law of Geology: Rights, Responsibilities, and Geosystem Services

Humans are inescapably dependent upon geological processes and structures. Many of these interactions are direct, such as when we cultivate the soil or mine the earth. However, the terms of our interaction with geology are usually invisible and unacknowledged. Although the relationships are complex, a firm understanding of the environment and our dependence on it cannot ignore the interconnections between earth’s systems, including subsurface geology, vegetation, oceans, and atmosphere.

87 FR 26191

DOE seeks comment on its request for information regarding formula grants to be awarded to states and tribes to support investments for preventing outages and enhancing the resilience of the electric grid with funding made available through the Infrastructure Investment and Jobs Act. 

Greenflation: Are Commodity Prices Actually Rising?

What impact does inflation have on environmental sectors? Economists have recently raised concerns about “greenflation,” a term coined to describe rising commodity prices associated with going green, due to a higher demand for sustainable materials. The implementation of more carbon-neutral regulation and increasing environmental, social, and governance (ESG) practices may contribute to these rising costs. On January 26, 2022, the Environmental Law Institute hosted leading experts for an in-depth economic discussion about greenflation, regulations, and ESG practices.

87 FR 25362

The Federal Transit Administration announced preliminary implementation instructions and guidance, funding apportionment, and descriptions for future plans for several competitive programs in accordance with amendments to federal public transportation law by the Infrastructure Investment and Jobs Act. 

87 FR 24851

The president issued Executive Order No. 14072, Strengthening the Nation's Forests, Communities, and Local Economies; among other things, the order directs federal agencies to inventory old-growth and mature forests on federal lands and develop policies to protect them from threats like wildfire and climate change, and to develop a federal goal for meeting agency-specific reforestation targets by 2030.

87 FR 23453

CEQ amended certain provisions of its regulations for implementing NEPA that address the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of "effects"; these amendments generally restore provisions that were in effect for decades before being modified in 2020. 

87 FR 23306

The Department of State announced that the United States and Singapore intend to hold a biennial review under the United States-Singapore Memorandum of Intent on Environmental Cooperation.