On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more
On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more
Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require...more
The Sacketts made history again in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell...more
The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of...more
New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New...more
On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their...more
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power...more
Two studies confirming the increase of precipitation across New Jersey over the last 20 years due to climate change will provide a scientific basis for the continuing development of an initiative, known as Protecting Against...more
On October 6, 2021, the White House Council on Environmental Quality (“CEQ”) proposed modifications of its regulations for implementing the provisions of the National Environmental Policy Act (“NEPA”). The proposed rule can...more
When a fire, spill or explosion causes pollutants to escape to the environment, responsible parties must quickly grapple with whether and when to report to authorities, which statutes and regulations apply, which agencies to...more
President Biden yesterday issued an Executive Order directing the national climate adviser and director of the National Economic Council to develop a comprehensive, government-wide climate strategy by the end of September....more
While not all states allow local governments to regulate air pollution, Illinois does. The City of Chicago, following the lead of several east coast municipalities and the City of Los Angeles, has recently established a bold...more
Late last week, the United States Environmental Protection Agency (EPA) announced its latest environmental justice initiative aimed at expanding Toxic Release Inventory (TRI) reporting requirements to include additional types...more
A New Jersey environmental justice bill that would give significant weight to environmental justice factors in permitting decisions for industrial projects became law on Friday. This new environmental justice law may affect...more
The United States Supreme Court has finally weighed in on whether discharging pollutants to groundwater constitutes a discharge to waters of the United States and triggers the need for a discharge permit under the federal...more
4/29/2020
/ 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
Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit...more
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released a Memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This Interim Guidance follows on the heels of EPA’s...more
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued a temporary policy memo modifying the agency’s enforcement discretion in light of the sweeping impact of the COVID-19 pandemic in the United States. In...more
From the COVID-19 threat, disrupted supply chains and economic fluctuations to the dichotomy in shifting state and federal policies, regulations, ongoing litigation, compliance issues, and cyber threats, the energy and...more
With minimal fanfare, the U.S. Department of the Army is doing its part to reduce the amount of time needed for infrastructure proposals, such as natural gas pipelines, to obtain federal regulatory approvals. ...more
The Environmental Protection Agency (EPA) and the Department of the Army (specifically, the United States Army Corps of Engineers (USACE)) published a revised definition of "waters of the United States" ("WOTUS") on February...more
Pennsylvania DEP has committed to developing enhanced policies and procedures relating to future pipeline development projects. This new commitment comes as part of a July 27, 2018, settlement agreement between Pennsylvania...more
In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,...more
The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the...more
9/17/2015
/ Bird Fatalities ,
Citgo ,
Department of Justice (DOJ) ,
Energy Sector ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Refineries ,
Solar Panels ,
US Fish and Wildlife Service ,
Utilities Sector