It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more
11/16/2023
/ Bureau of Land Management ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Department of Agriculture ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Greenhouse Gas Emissions ,
Popular ,
Public Policy ,
RCRA ,
US Fish and Wildlife Service
On July 2, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of California Communities Against Toxics, et al. v. EPA. In this decision, the court rejected the latest petition to strike or...more
State of Texas, et al. v. US EPA. The revised regulatory definition of “Waters of the U.S.” continues to generate litigation in the federal courts....more
After much study, EPA has decided against changing its current RCRA Subtitle D rules affecting the state regulation of oil and gas exploration & production waste. ...more
On March 4, the U.S. Court of Appeals for the Seventh Circuit decided an important Resource Conservation and Recovery Act (RCRA) Citizen Suit, LAJIM, LLC, et al. v. General Electric Co., affirming the U.S. District Court for...more
On September 30, the U.S. District Court for the District of Massachusetts issued a ruling dismissing claims that the operation of a municipal waste landfill violated the Clean Water Act (CWA) and Resource Conservation and...more
The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by...more
On August 21, the U.S. Court of Appeals for the District of Columbia decided the “coal combustions residuals” case: Utility Solid Waste Activities Group, et al. , v. EPA. This new Resource Conservation and Recovery Act (RCRA)...more
The following notices were published yesterday:
1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more
Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments:
1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will...more
The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more
12/21/2017
/ Bureau of Land Management ,
Clean Water Act ,
Department of Defense (DOD) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
NEPA ,
NPRM ,
RCRA ,
Regulatory Agenda ,
US Army Corps of Engineers ,
Waters of the United States
On November 2, the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited ruling in Ecological Rights Foundation v. Pacific Gas & Electric Company, which clarifies the Resource Conservation and Recovery Act’s...more
In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency...more
On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and...more
The first Resource Conservation and Recovery Act ( RCRA) solid waste definitional decision, the celebrated American Mining Congress v. EPA case, was decided exactly 30 years ago, and it reverberates to this day.
In...more
The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more
On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more
On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and...more
On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more
Bi-partisan legislation has been introduced in the House of Representatives (H.R. 5685), known as the “Farm Regulatory Certainty Act,” a bill that would amend Resource Conservation and Recovery Act’s (RCRA) definition of...more
Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more
On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit, in Ebert, et al., v. General Mills, Inc., reversed the federal district court’s decision to grant class certification in an environmental contamination...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016.
U.S. SUPREME COURT -
FERC Final Rule re...more
5/18/2016
/ CERCLA ,
Citizen Suits ,
Clean Air Act ,
Electricity ,
Endangered Species ,
Environmental Protection Agency (EPA) ,
FERC ,
FERC v Electric Power Supply Association ,
Food and Drug Administration (FDA) ,
Hawkes Co v United States Army Corps of Engineers ,
Hazardous Waste ,
Mining ,
RCRA ,
Statute of Limitations ,
Sturgeon v Frost ,
Tobacco ,
Utilities Sector
After years of relative easing in its interpretation of the Resource Conservation and Recovery Act rules that govern industrial recycling, the Environmental Protection Agency is now taking a harder line. A recently issued...more