Endangerment Finding Reconsideration and ERISA Bill Advances

Endangerment Finding – Pending Review

The Environmental Protection Agency’s (EPA) proposed rulemaking on the reconsideration of the 2009 Endangerment Finding is now nearing its final stages.

Second look: Last week, the EPA submitted the final rule for review to the Office of Information and Regulatory Affairs (OIRA). OIRA’s final review may take anywhere between a couple of weeks up to 90 days.

Making it official: Following the final review, the EPA will publish the rule into the Federal Register, and it will go into effect after a 60-day notice period as this rulemaking is considered “major”.

What We are Watching This Week

ERISA: We expect H.R. 2988—a bill that would reverse the Biden-era ERISA rule to the Trump 1.0 standard that does not allow fiduciaries to consider ESG factors—to go to a vote in the House of Representatives this week. This is expected to be a party-line vote and unlikely to advance in the Senate.