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President Trump signed an executive order revoking Obama-era Executive Order 13508 and dissolving the Federal Leadership Committee that coordinated multi-agency Chesapeake Bay restoration efforts, while directing federal resources toward "direct, on-the-ground projects" with measurable pollution-reduction outcomes.
Wind and solar energy developers with pending federal permits, rights-of-way or consultation requests should be assessing a recent federal court decision preliminarily blocking the Trump administration’s sweeping restrictions on such projects. If the developers’ plans fall within the scope of the injunction, they should take steps to advance their applications while the opportunity exists. The situation is fluid, however.
Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Now, a tenant can assert the defense if the tenant leases the property after Jan.
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