Environmental Law Trends in Regulation, Litigation, and Enforcement

This course, taught by Sidley Austin partner David Buente and associate Benjamin Tannen, will focus on trends in environmental law under the Trump Administration, which is in its second year of pursuing a sweeping deregulatory agenda and resetting the federal government’s approach towards environmental enforcement. The program will look at the Environmental Protection Agency (EPA) and other agencies’ attempts to repeal and/or modify signature Obama-era regulations, such as the Clean Power Plan and the Waters of the United States rule.  It will also provide an in-depth look at the ongoing litigation surrounding these deregulatory efforts.  

The course will also analyze the Administration’s policy agenda in the environmental arena, including a focus on cooperative federalism, and will describe the Trump EPA and Department of Justice (DOJ) approaches towards environmental enforcement to date. Finally, the program will look at trickle-down effects of the federal government’s approach towards environmental law under the Trump Administration, such as the impact on the activities of non-governmental organizations (NGOs).   

Learning Objectives:

1. Provide an overview of the current Administration’s EPA and DOJ philosophy on environmental regulation and enforcement
2. Describe real-world examples of the current Administration’s deregulatory push in the environmental arena
3. Explain how the shift in environmental law has affected states and NGOs