Environmental Policy Directives from the Oval Office - Executive Orders and Other Presidential Instruments

This program will review the executive powers of the President of the United States, with a focus on the authority of the President to issue executive orders and on non-agency directives and interpretive rules. The program first addresses concerns and developments from within EPA, the Army Corps, the Department of the Interior, and the federal courts, including efforts to modify or rescind Obama-era regulations regarding environmental and natural resource-development related rules and policies. Some are favorable for the Administration and some are not, given the occasional conflict between the Administrative Procedures Act and executive branch's exercise of their policy prerogatives.

Then, attorney Paul Seby will outline the constitutional basis for executive powers and provide a historical snapshot of how the use of executive powers evolved throughout time. The presentation will provide a detailed discussion of current limits of executive powers by examining judicial precedent. Finally, the presentation will consider recent executive orders issued by President Donald J. Trump, with commentary on how challenges lodged against those executive orders may progress in light of judicial precedent examined in the presentation.

Learning Objectives:

1. Address recent federal court activity related to the EPA
2. Provide an update on evolving issues
3. Examine recent executive orders through the lens of judicial precedent
4. Identify issues in the current regulatory landscape