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1 month ago | 
jdsupra.com | Joshua R. More |Samuel A. Rasche |J. Michael Showalter
The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin. 'On March 12, in what the Trump Administration touts as “the greatest deregulation action in US history,” Administrator Zeldin announced a slate of 31 different actions to scale back federal environmental regulations.
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1 month ago | 
jdsupra.com | Samuel A. Rasche |J. Michael Showalter |Duncan Weinstein
The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds.
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1 month ago | 
jdsupra.com | Sarah L. Lode |Samuel A. Rasche |J. Michael Showalter
A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.
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1 month ago | 
afslaw.com | J. Michael Showalter |Sarah L. Lode |Samuel A. Rasche
On With a February 14 decision, Judge Kacsmaryk upheld the Biden-era Rule allowing retirement plan fiduciaries to consider ESG factors when choosing investments as a “tiebreaker.” In other words, when all other considerations for competing investments are equal. The court held that the Rule was in accordance with a strict reading of the Employment Retirement Income Security Act of 1974 (ERISA). The decision is available here.
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2 months ago | 
jdsupra.com | Sarah L. Lode |Samuel A. Rasche |J. Michael Showalter
The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration, particularly by leaning into fostering the development of resources, including fossil fuels, nuclear, and hydroelectric power that provide reliable “baseload” supply. This comes as no surprise given President Trump’s promise to “drill, baby, drill” at the inauguration.
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2 months ago | 
afslaw.com | J. Michael Showalter |Samuel A. Rasche |Sarah L. Lode
On We previously reported on the Trump Administration’s early plans for energy policy, and in the weeks since those plans are coming into sharper focus. Key policy blueprints include the following:A memorandum released by US Department of Energy (DOE) Secretary Chris Wright on February 5 classified as a plan for “Unleashing the Golden Era of American Energy Dominance” and framing out DOE’s initial slate of actions.
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Oct 3, 2024 | 
law360.com | J. Michael Showalter |Samuel A. Rasche
By J. Michael Showalter and Samuel Rasche (October 3, 2024, 4:00 PM EDT) -- Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the election's outcome determining how — or this year, whether — we are regulated.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
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Oct 3, 2024 | 
law360.co.uk | J. Michael Showalter |Samuel A. Rasche
Get instant access to the one-stop news source for business lawyers Register Now! Sign up now for free access to this content Email (NOTE: Free email domains not supported) First Name Last Name Job Title Phone PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Password (at least 8 characters required) Confirm Password Select at least one primary interest: Commercial Litigation Uk Corporate Crime & Compliance Uk Employment Uk Financial Services Uk...
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Sep 12, 2024 | 
jdsupra.com | Samuel A. Rasche |J. Michael Showalter
Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election results matter, below we break down five political trends that will drive environmental regulation, regardless of the election results.
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Aug 6, 2024 | 
jdsupra.com | Samuel A. Rasche |J. Michael Showalter
Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as they are used and challenged in state courts. We’ve written repeatedly about state constitution “Green Amendments,” including earlier this year here.
