Administrative Agency Environmental

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State Water Board Nixes Flawed “One Size Fits All” Conservation Mandates

On May 18, 2016, the California State Water Resources Control Board (State Water Board) adopted new emergency conservation regulations that repeal and replace its prior drought regulations. The new regulations, which are...more

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

Fourth District Upholds EIR For Cadiz Mojave Desert Groundwater Pumping Project Against Various CEQA Challenges

In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

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

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2016

TSCA/FIFRA/IRIS/NTP/TRI - Office Of Inspector General Considers Pesticide Imports: In a memorandum dated April 22, 2016, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) informed EPA that...more

The Plot Thickens: California Supreme Court Vacates Submission Of Just-Argued CEQA Subsequent Review Case, Orders Supplemental...

In orders issued May 11, 2016, one week after the May 4 oral argument and submission of the cause for decision, the California Supreme Court vacated the submission and ordered supplemental briefing in Friends of the Collage...more

Caveat emptor: EPA limits hearing rights for some conditional registrants under FIFRA

On April 25, 2016, Susan L. Biro, Chief Administrative Law Judge at the US Environmental Protection Agency (EPA), issued an order holding that a registrant of a conditionally registered pesticide product does not have a right...more

EPA ALJ Denies Bayer’s Motion for Accelerated Decision

On April 25, 2016, the U.S. Environmental Protection Agency’s (EPA) Administrative Law Judge (ALJ) Susan L. Biro issued an order denying Petitioners Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI or Petitioners)...more

Better Late Than Never: Massachusetts Moves to Obtain NPDES Delegation

Like most federal environmental programs, NPDES program authority is largely delegated to the states. Only four states aren’t delegated: Idaho, Massachusetts, New Hampshire, and New Mexico. How is it that progressive...more

Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”)...more

Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of...more

CPUC Implementation of the Renewables Portfolio Standard Beyond 2020 Begins

The California Public Utilities Commission is revving itself up to take on the task of putting together a whole new set of procurement requirements to implement the Renewables Portfolio Standard (RPS)-related provisions of...more

U.S. Fish and Wildlife Ordered to Reconsider Delisting of N. American Wolverine

The courts continue to be busy issuing significant Endangered Species Act (ESA) rulings. In the latest one, issued in early wolverineApril, the U.S. District Court for Montana, Missoula Division, in Defenders of Wildlife v....more

Petitioners’ Requests to the Court to Proceed with Review of Enlist Duo During Remand and to Retain Jurisdiction Are Denied

On March 28, 2016, a three-judge panel in the U.S. Court of Appeals for the Ninth Circuit, Case Nos. 15-71207, et al. (consolidated) issued an order denying the Petitioners’ March 10, 2016, motion asking the court to...more

Are Corps Jurisdictional Decisions Final Agency Action? It Appears So. Is This a Good Thing?

According to the trade press, today’s argument in Army Corps of Engineers v. Hawkes did not go well for the government. Pretty much the entire Court was seen as likely to conclude that Corps jurisdictional determinations are...more

CSAPR > BART: The Eighth Circuit Affirms Minnesota’s Regional Haze Plan

Environmental lawyers live for acronyms. Why is CSAPR > BART? Because EPA determined that, on net, EPA’s Transport Rule is “better than BART,” meaning that compliance with the Transport Rule yields greater progress towards...more

EPA Issues Proposal to Amend RMP Rule

The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management...more

EPA Issues Notice to Cancel Flubendiamide Registrations

On February 29, 2016, the U.S. Environmental Protection Agency (EPA) released a prepublication copy of a notice of intent to cancel all Bayer CropScience, LP and Nichino America, Inc. (BCS/NAI) flubendiamide products. The...more

Critical Habitat for Right Whales Expanded

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

Agencies Engaged in Federal Biotech Overhaul to Host Final Two Public Sessions in March

After hosting the first of three stakeholder meetings late last year, federal government agencies engaged in overhauling the 1986 Coordinated Framework for the Regulation of Biotechnology recently announced that meetings two...more

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more

EPA Names New Director of the Pesticide Re-Evaluation Division

On February 1, 2016, the U.S. Environmental Protection Agency (EPA) announced that Yu-Ting Guilaran has been selected as the new Director of the Pesticide Re-Evaluation Division (PRD) within the Office of Pesticide Programs...more

Litigating Environmental Whistleblower Claims Under OSHA Procedures

The federal government is allocating more time and resources to whistleblower programs. Now, more than ever, companies need to take steps to minimize exposure to whistleblower claims. When a whistleblower case is filed, it...more

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

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