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A series of recent actions undertaken by President Biden, near the end of his term, and President Trump, in the early days of his presidency, have called into question a key issue under the Outer Continental Shelf Lands Act (“OCSLA”) — whether the President can revoke a previous President’s withdrawal of areas of the United States Outer Continental Shelf (“OCS”) from oil and gas leasing.

If past is prologue, while the second Trump administration is expected to take a number of actions that could lead to increased volatility with respect to renewable identification number (“RIN”) prices just as the first did, there are signals that the administration may take a more deliberate approach this time to reduce shocks to the RIN market, all the more given the interest in supporting renewable fuel production as a domestic fuel source. And while the California Air Resources Board (“CARB”) took steps last year that impact the ability of biogas projects to generate Low Carbon Fuel Standard (“LCFS”) credits, state legislative headwinds could eventually result in the opening of new environmental credit markets to shore up demand for renewable natural gas (“RNG”). Overall, while significant uncertainty and risk of RIN volatility remains, there continue to be signals from both the federal executive and legislative branches in support of the federal Renewable Fuel Standard (“RFS”).

Despite the Biden administration’s public support for carbon capture and sequestration (“CCS”), we saw neither faster CCS permit approvals from the U.S. Environmental Protection Agency (“EPA”) nor a significant push towards state primary enforcement authority (“primacy”) during the former president’s tenure.

On February 19, 2025, the Council on Environmental Quality (“CEQ”) released a pre-publication version of an interim final rule (the “Interim Rule”) to rescind all of CEQ’s previous and current regulations implementing the National Environmental Policy Act (“NEPA”) alongside a memorandum (the “Memo”) to federal agencies providing guidance on how agencies should revise their individual NEPA regulations and how they should manage NEPA reviews in the meantime.

In his first two days in office, newly inaugurated President Donald J. Trump signed a flurry of Executive Orders, including several aimed at supporting the traditional energy industry.

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete.

The incoming Trump Administration is expected to prioritize the rollback of Biden-era endangered species regulations, aiming to reduce the regulatory burden on land-intensive businesses and enhance energy independence. This shift may involve reinstating Trump-era rules that limit critical habitat designations and economic considerations in listing decisions. As these changes unfold, businesses could face fewer restrictions related to endangered species, potentially facilitating development, and reducing compliance costs.

On December 17, 2024, the Office of Fossil and Carbon Management of the Department of Energy (“DOE”) released the long-awaited Liquefied Natural Gas (“LNG”) Export Study (“Study”). The Study was released 11 months after the Biden administration paused pending decisions to export LNG to non-Free Trade Agreement (“FTA”) countries on January 26, 2024.

As the world moves toward cleaner energy, lithium has become crucial, powering electric vehicles and renewable-energy storage systems. With lithium demand set to increase more than 40-fold by 2040, the race to extract this critical mineral has intensified, especially in the United States.

On November 5, 2024, the U.S. District Court for the Central District of California denied a motion for summary judgment that sought to declare SB 253 and SB 261 (the “California Climate Laws”) invalid on their face under the First Amendment for compelling political speech.

On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).

New guidance from the U.S. Environmental Protection Agency (“EPA”) sheds light on how the agency intends to incorporate environmental justice (“EJ”)¹ into air permitting programs across the country.