On March 31, 2021, President Joe Biden announced the American Jobs Plan (the Plan). The Plan proposes approximately $2 trillion in government funding over the next decade focused on infrastructure, the electric grid, high-speed broadband, climate change, and jobs creation.
The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”).
Increased antitrust enforcement is a Biden administration priority, and Big Tech is not alone under the microscope. V&E attorneys examine other industries that can expect scrutiny, including health care, pharmaceuticals, and energy.
We are now almost two months into the Biden administration, and its new federal law enforcement priorities.
Within the first month of the Biden administration, we have seen a high level of attention on per- and polyfluoroalkyl substances (“PFAS”).
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is formally in effect.
PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as PFAS and the potential impacts this may have on affected industries.
On January 27, 2021, President Biden released an “Executive Order on Tackling the Climate Crisis at Home and Abroad.” Among a host of sweeping proclamations and orders involving foreign and domestic policy on climate change, the Biden administration has reaffirmed that Environmental Justice (“EJ”) is one of its core concerns.
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and enforcement and how aggressive to be in applying them to new or ambiguous fact patterns.