We previously blogged here, here, and here about President Biden’s infrastructure plan, first proposed in March 2021. On August 10, 2021, the Senate passed a bipartisan infrastructure bill that included many pieces of President Biden’s plan, but also contained numerous revisions, reflective of the compromises necessary to pass this ambitious legislation in the Senate.

The Senate approved bill scaled down Biden’s infrastructure plan—from $2,600 billion to $550 billion, cutting investments in research and development, clean energy tax credits, public buildings including schools and homes, and home- and community-based care. Here’s what the Senate bill included and what it cut.
Continue Reading The Senate Approved a $1.2 Trillion Infrastructure Bill: Here’s What it Funds

We often think that environmental regulation comes top-down from Congress and Washington bureaucrats. But that isn’t always the case, as the recent California federal district court decision in California Restaurant Association v. City of Berkeley illustrates. The court there rejected a preemption challenge to a California municipal ordinance banning the installation of natural gas piping in new construction. The decision demonstrates the need for the regulated community to engage on all levels — federal, state, and local. Federal law does not control every aspect of many regulatory areas. Rather, states and localities continue to have some ability to regulate areas touched by federal statutes and regulations.
Continue Reading California Court Upholds Local Ordinance Precluding Installation of Natural Gas Piping in New Construction

Of course elections matter, and executive branch changes may bring real and meaningful policy change.  But the federal Administrative Procedure Act (APA) limits the executive branch’s discretion to shape policy by requiring that policy changes be accompanied by a “reasoned explanation” generally set forth in an administrative record. A recent Ninth Circuit decision in Center for Biological Diversity v. Haaland — addressing Trump Administration changes to federal Endangered Species Act (ESA) listings — illustrates the guardrails the APA imposes that apply to all executive decision-making.
Continue Reading Ninth Circuit Decision on Pacific Walrus Illustrates Executive Branch Limits