February 2025

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As President Trump begins his second term, companies should prepare for significant shifts in environmental health and safety (EHS) regulations and enforcement. This alert outlines key anticipated changes, including leadership transitions, potential staffing impacts, using executive orders to change agency priorities, and regulatory rollbacks.

1. Leadership Changes

Department of Labor (DOL): The DOL is expected

Webinar Next Week—Feb. 18, 2025, Quarterly Dairy Legal Webinar: HPAI in Dairy Cattle: Regulatory Measures Thus Far
Local Agricultural Policy: Pennsylvania Governor’s Proposed 2025–26 Budget Appropriates $255 Million for Agriculture 🌾
On February 4, 2025, Pennsylvania Governor Josh Shapiro presented his proposed 2025–26 state budget and enabling legislation, which includes $255 million for agriculture, down

Pipelines: FERC Issues Order on Remand Reinstating Certificate and Abandonment Authorization to Transcontinental Gas Pipe Line Company ⚡
On January 24, 2025, the Federal Energy Regulatory Commission (FERC) issued an order reinstating the Transcontinental Gas Pipe Line Company’s (Transco) “certificate and abandonment authority . . . for the REAE Project.” The order, which detailed that the

Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District Court for the Central District of California on February 3, 2025. The order dismissed constitutional challenges levied against

On February 1, 2025, President Trump issued three executive orders imposing tariffs on nearly all imports from Canada[1]Mexico,[2] and China.[3] However, on February 3, the President said on social media that the tariffs on Canada and Mexico will be suspended for one month while the countries discuss potential

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden administration’s Phase 2 National Environmental Policy Act (NEPA) rule on the grounds that the Council on Environmental Quality (CEQ)

On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25 (the “EO”) pursuant to his statutory powers to suspend regulatory statutes during a state of emergency that would impede mitigation of the effects of the emergency.  (See, Gov. Code, § 8571.)  The new EO followed (by two weeks) an earlier order, Executive Order N-4-25, which

In M&A transactions, the seller makes representations and warranties to the buyer regarding the business being sold, its ownership, assets, operations, and liabilities.  The seller typically indemnifies the buyer from losses incurred post-closing resulting from inaccuracies in those representations and warranties.  This contractual structure is used by the parties to allocate certain known and unknown

On January 29, 2025, Lee Zeldin was confirmed as the 17th Environmental Protection Agency (EPA) Administrator. After a week on the job, Zeldin continued to maintain several policies that had been put in place immediately after the Trump administration took office. Some of these policies are summarized below. While these actions are generally expected when

National Agricultural Policy: Temporary Restraining Order Issued Against Federal Funding Pause After Memo Rescission 🌾
On January 27, 2025, the Office of Management and Budget (OMB) issued memorandum M-25-13 directing “Federal agencies [to] . . . temporarily pause all activities related to obligation or disbursement of all Federal financial assistance . . . including, but not