The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more
As of Sept. 21, 2020, the Environmental Appeals Board (EAB)—the body used to hear administrative appeals of permits issued by or on behalf of the U.S. Environmental Protection Agency (EPA)—will begin operating under a new set...more
The Supreme Court’s most recent voyage into Clean Water Act (CWA) jurisprudence came in County of Maui, Hawaii v. Hawaii Wildlife Fund, 590 U. S. ____ (2020) (Slip Op.), which concerned whether CWA permits are required in...more
5/7/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
This client alert focuses on the circumstances that could lead to criminal investigation or enforcement for environmental noncompliance during COVID-19, and provides four practical pointers on how to avoid those pitfalls. On...more
On March 26, the U.S. Environmental Protection Agency (U.S. EPA) issued a Memorandum outlining the agency’s temporary enforcement discretion during COVID-19....more
On March 26, the U.S. Environmental Protection Agency (EPA) issued a memorandum on the “temporary policy regarding EPA enforcement of environmental legal obligations” given the growing impacts of COVID-19. Citing restrictions...more
On June 23, 2018, the Department of Labor will begin enforcing a new crystalline silica standard that was originally proposed on June 23, 2016. Construction employers have been required to comply with the crystalline silica...more
On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more
10/9/2015
/ Air Quality Standards ,
Clean Air Act ,
Compliance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
NAAQS ,
National Emissions Standards ,
Ozone ,
Public Health ,
Regulatory Standards ,
SIP
A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more
In the first salvo of a larger environmental-industry showdown impacting Western shale development, the U.S. Fish and Wildlife Service announced Wednesday (Nov. 12, 2014) that the Gunnison Sage Grouse would be granted...more
Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more
While the Deepwater Horizon oil spill has largely disappeared from the news headlines, for the parties involved in the litigation, the legal machinations, particularly with respect to liability, have a long way still to...more
9/24/2014
/ BP ,
Civil Monetary Penalty ,
Clean Water Act ,
Deepwater Horizon ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Gross Negligence ,
Halliburton ,
Negligence ,
Oil & Gas ,
Punitive Damages ,
Transocean
On September 15, 2014, the New Mexico Supreme Court entered a decision in First Baptist Church of Roswell v. Yates Petroleum Corp., a case that could call into question the validity of royalty agreements and division orders...more
With Congress and the White House mired in partisan gridlock and preoccupied by issues like the federal debt ceiling, the Affordable Care Act rollout, and the Edward Snowden leak investigation, states again took the lead on...more
Republican lawmakers in the Ohio House of Representatives have proposed a tax increase on oil and gas production in the state, focusing specifically on wells using “horizontal drilling“ in conjunction with hydraulic...more
On June 25, 2013, President Obama released his Climate Action Plan (the Plan) detailing the current administration's comprehensive strategy to address climate change....more
7/18/2013
/ Barack Obama ,
Carbon Emissions ,
Clean Energy ,
Climate Action Plan ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Renewable Energy
U.S. EPA has extended the deadline for comments on its OSWER Final Guidance for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Sources to Indoor Air and its Guidance for Addressing Petroleum Vapor...more
Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more
During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more
2/5/2013
/ Bureau of Land Management ,
Clean Air Act ,
Diesel Fuel ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Fracking ,
Fracking Bans ,
Greenhouse Gas Emissions ,
Jurisdiction ,
Oil & Gas ,
Preemption ,
Shale Gas ,
Toxic Substances Control Act (TSCA)