NHTSA Announces New Policies to Promote Autonomous Vehicles

On April 24, 2025, the Department of Transportation announced the new Automated Vehicle (AV) Framework from the National Highway Traffic Safety Administration (NHTSA).  The announcement, which was accompanied by a video from the Secretary of Transportation, included two new policy developments.  First, NHTSA released a Third Amended version of its Standing General Order on Automated Driving Systems (ADS) and Advanced Driver Assistance Systems (ADAS).  Second, NHTSA announced that it would expand its exemption program for autonomous vehicles that do not fully comply with NHTSA’s Federal Motor Vehicle Safety Standards.  This update discusses both developments and their broader implications.

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Fish and Wildlife Revives Incidental Take Saga Under the Migratory Bird Treaty Act

In latest saga surrounding the formidable Migratory Bird Treaty Act (MBTA or Act), the U.S. Fish and Wildlife Service on April 21, 2025, withdrew its 2021 advance notice of proposed rulemaking to potentially authorize the incidental taking or killing of migratory birds, consistent with its interpretation of the Act.  The 2021 advance notice promised a new regulatory scheme possibly authorizing the incidental take of migratory birds — a practice that would have broken with pre-2017 MBTA interpretation but more practically implement the Act in response to various needs, such as infrastructure permitting and development.

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President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production

On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).

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President Trump’s Executive Order Seeks to Reduce Federal Regulation

President Trump’s January 31, 2025, Executive Order (EO) titled “Unleashing Prosperity Through Deregulation,” is a part of the new Administration’s broader policy to reduce federal regulation.  The EO finds that federal regulations impose significant costs and complexities on American citizens and businesses that hinder economic growth, innovation, and global competitiveness – and it is the Administration’s policy to alleviate these burdens.  This marks a policy change from the approach of the prior administration and is a broader effort than the regulatory reforms of the first Trump Administration.

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