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86 FR 57349

The president issued Proclamation No. 10287 of October 8, 2021, prohibiting commercial fishing in the Northeast Canyons and Seamounts Marine National Monument.

86 FR 54448

EPA announced the availability of and seeks comment on the Draft FY 2022-2026 EPA Strategic Plan

86 FR 7615

The president issued Exec. Order No. 14007, establishing the President's Council of Advisors on Science and Technology to advise the president on matters involving policy affecting science, technology, and innovation, as well as on matters involving scientific and technological information that is needed to inform public policy relating to the economy, worker empowerment, education, energy, the environment, public health, national and homeland security, racial equity, and other topics.

Time to Rethink the Supreme Court’s Interstate Waters Jurisprudence

This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established little in the way of “federal common law” governing the states’ interests in shared waters. But they have established this much: these interests vest in states-as-states directly under the U.S. Constitution, even if the Court itself is reluctant to specify the interests with much precision or to enjoin violations thereof.

Breaking Precedent: SCOTUS in the Midst of a Pandemic

In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct discharge.” The Court also decided Atlantic Richfield Co. v. Christian, holding, 7-2, that landowners adjacent to a Superfund site were potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act.

85 FR 35165

The president issued Exec. Order No. 13927, Accelerating the Nation's Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities, on June 4, 2020; the order directs agencies to take all reasonable measures to speed infrastructure investments and other actions that will strengthen the economy and return Americans to work, while providing appropriate protection for public health and safety, natural resources, and the environment as required by law.

85 FR 26313

The president issued Exec. Order No. 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, on April 28, 2020; the order delegates authority to the Secretary of Agriculture under §101(b) of the Defense Production Act to take all appropriate action to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA and to identify additional specific food supply chain resources that meet the criteria of that section.

85 FR 16227

The president issued Exec. Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, on March 18, 2020; the order finds that health and medical resources needed to respond to the spread of COVID-19 meet the criteria specified in §101(b) of the Defense Production Act of 1950 and delegates authority to the secretary of the Department of Health and Human Services to determine nationwide priorities and allocation of all health and medical resources for responding to the spread of COVID-19 within the United States. 

85 FR 15396

In response to public comment, EPA clarified, modified, and added to certain provisions in a 2018 proposed rulemaking on strengthening transparency in regulatory science.