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Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more

11/11/2014 - Environmental Policies EPA Jurisdiction US Army Corps of Engineers Water Waters of the United States

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

9/17/2014 - Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City Greenhouse Gas Emissions SCOTUS Utility Air Regulatory Group v EPA

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

5/12/2014 - Cap-and-Trade Carbon Emissions Clean Air Act EPA v EME Homer City NAAQS Power Plants SCOTUS SIP

The Fish and Wildlife Service Lists the Lesser Prairie-Chicken as a Threatened Species Under the Endangered Species Act

On March 21, 2014, the United States Fish and Wildlife Service (FWS) promulgated a final rule which lists the Lesser Prairie-Chicken (LPC) as a “threatened” species under the Endangered Species Act (ESA). Under the ESA, a...more

4/18/2014 - CCAA ESA Listings Fish and Wildlife Service Oil & Gas

Texas Proposes New GHG Emissions Rules

In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...more

11/1/2013 - Clean Air Act EPA Greenhouse Gas Emissions Permits SCOTUS

The President’s Climate Action Plan: Its Impact on Moderating Carbon Emissions Through Ecological Conservation

The President’s proposal includes several recommendations for promoting ecological conservation as a tool for sequestering atmospheric carbon while simultaneously providing natural buffers against more intense and frequent...more

7/30/2013 - Biofuel Carbon Emissions Climate Action Plan Climate Change EPA Greenhouse Gas Emissions Rehabilitation and Restoration Plans

Recent U.S. Supreme Court Decisions Impacting Environmental and Regulatory Law

The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...more

7/17/2013 - Clean Water Act Decker Environmental Claims Environmental Policies Koontz v St John's River Water Management Los Angeles County Flood Control District Natural Resources Defense Council SCOTUS Storm Water

Legislative Update: New Texas Laws Affecting the Environment or Environmental Regulation

This Texas legislative session brought several notable environment- and energy-related changes. The major standouts are culled and summarized in this Pillsbury Legislative Update....more

6/13/2013 - Attorney-Client Privilege Audits Background Checks Disclosure Requirements Flood Zones Greenhouse Gas Emissions Landfills Local Ordinance Municipalities NEPA New Legislation Railways Recycling

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

4/8/2013 - Clean Water Act Discharge of Pollutants EPA Logging NPDES Permits SCOTUS Storm Water

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

1/29/2013 - Clean Water Act Discharge of Pollutants EPA Los Angeles County Flood Control District Permits SCOTUS Storm Water

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