Environmental Law Trends in Regulation, Litigation, and Enforcement (2019 Update)

This course, taught by Sidley Austin Associate Benjamin Tannen, will provide an update on recent trends in environmental law under the Trump Administration, which is now in its third 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, including those cases in which the courts have held that the Administration went too far.

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. It will also evaluate the likely impact of the 2018 congressional midterm elections on the Trump Administration’s environmental policies. 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. Review 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