Not to be lost in the holiday hustle and bustle, two Executive Orders from October could, if fully implemented, significantly affect federal administrative law. In “Trump Issues Executive Orders to Rein In Use of Guidance Documents in Enforcement Proceedings,” colleagues Matthew W. Morrison, Mark E. Elliott and Anthony B. Cavender take a closer look at E.O. 13891 and E.O. 13892.
A Changing Climate for State Policy-Making Regarding Climate Change
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Issued by 13 federal agencies, the 2018 Fourth National Climate Assessment presented a stark warning on the consequences of climate change for the United States. The report predicts that if significant steps are not taken to rein in global warming, the damage will reduce the U.S. economy by as much as 10 percent by the end of the century. The report, which was mandated by Congress and made public by the White House, is notable not only for the precision of its calculations and bluntness of its conclusions—the 1,656-page assessment lays out the devastating effects of a changing climate on the economy—but also in how it conflicts with President Donald Trump’s environmental deregulation plan. U.S. policy efforts at the state and local levels are ramping up to address this complex topic. These include:
2019 Affordable Housing Credit Improvement Act Gains Steam with Bipartisan Support
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As 2019 winds down, the Affordable Housing Credit Improvement Act of 2019 is gaining momentum in Congress. The Act, which is aimed at expanding and strengthening the low-income housing tax credit, was originally introduced in 2016. The Consolidated Appropriations Act of 2018 adopted two key provisions of the original bill—a 12.5% increase to the housing credit ceiling for years 2018-2021 and the “income averaging” minimum set-aside election. The 2019 bill reintroduces many key provisions from the original bill, along with new provisions to further bolster the housing credit. As of the end of October, more than one-third of the House and one-fourth of the Senate have signed on to co-sponsor the bill. In summary, the key proposals in the 2019 legislation would:
U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime
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Earlier this month, the Supreme Court heard oral arguments in two important environmental cases—one that could change the approach to routine maritime charters and another that could introduce a potentially punishing permitting regime via a CWA citizen suit.
The State of the Energy Marketplace in the United States
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Colleague Robert A. James has authored the United State chapter of Global Legal Group’s Energy 2020 in which he provides an overview of the current U.S. energy marketplace.
In the chapter, Rob discusses the progress as well as the clashes on policies and projects in a wide variety of arenas, including:
- Incentives and challenges for renewables, including U.S. offshore wind and expanded power storage;
- Divergent views on natural gas and battles over new oil and gas pipelines;
- The vehicle efficiency duel between California and the federal government;
- Endangered Species Act, environmental regulatory and climate change litigation developments; and
- Wildfire liability, cybersecurity and blockchain issues for electric utilities and the national grid.
To access the full PDF, click here.
(Reproduced with permission from Global Legal Group, Ltd.)
Court Holds Salary Costs Associated with Lobbying Activities Are “Expressly Unallowable”
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A recent decision by the Court of Appeals for the Federal Circuit could have lasting ramifications for government contractors. In Raytheon Co. v. Sec. of Def., the court held that salary costs associated with lobbying activities are expressly unallowable, and therefore subject to penalties. In “Federal Circuit Decision Addressing Salary Costs Associated with Lobbying Activities Has Broad Implications,” colleague Aaron S. Ralph examines the October 18 decision more closely.
Rent Caps, Carveouts and “Just Cause” Evictions: Breaking Down the Tenant Protection Act of 2019
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Gov. Gavin Newsom recently signed the Tenant Protection Act of 2019, legislation that caps annual rent increases in California for the next decade. Prior to the Tenant Protection Act, the only state-level protections against rent increases were price-gouging limits that apply only after natural disasters. (See Cal. Penal Code Section 396.) The law also extends “just cause” eviction protections to tenants statewide.
Two Decisions by Federal Appeals Courts Uphold Agency Deference
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Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to their jurisdiction.
The U.S. Court of Appeals Upholds Denial of Alternative Fuel Tax Credits and the Imposition of Large Penalties
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The federal government has long encouraged the development and use of alternative fuels by enacting legislation that promises tax credits for such use. However, special care must be taken to ensure that all of the requirements of the law are observed. This has been made clear by recent rulings of the U.S. Court of Claims and the U.S. Court of Appeals for the Federal Circuit.
Sustainability Puts Down Roots in Real Estate
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Sustainability has evolved from a passing trend or niche preference into an undeniable, growing driver of the real estate market. This is particularly true as millennials comprise an increasing proportion of the workforce, home-buying population, and individuals influencing the future of real estate development in the United States.