Administrative Agency Environmental

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
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OMB Releases Fall 2015 Regulatory Agenda

Earlier today, the White House Office of Management and Budget released its semi-annual Unified Regulatory Agenda and Regulatory Plan for Fall 2015, covering 59 Federal departments, agencies, and commissions. Entries are...more

Natural Resource Conservation Subject of White House Directive to Agencies

A recently released Presidential Memorandum will likely spur new policies related to development and natural resources, possibly impacting public agencies, developers and the like. “Mitigating Impacts on Natural Resources...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2015

EPA Extends Public Comment Period On Three Flame Retardant Clusters: On August 13, 2015, the U.S. Environmental Protection Agency (EPA) released for public comment three Toxic Substances Control Act (TSCA) Work Plan...more

UPDATE: Texas RRC Agrees Earthquakes Not Caused by EnerVest, XTO Injection Wells

In a November 3 decision, the Texas Railroad Commission (RRC) agreed with an administrative law judge (ALJ) that two wastewater injection wells, one operated by EnerVest Operating LLC and the other by Exxon Mobil Corp....more

California Water Board Considering Extension Of Emergency Drought Regulations

Mandatory Water Restrictions Could Run Beyond February, Depending On Rain and Snowfall - The State Water Resources Control Board is contemplating extending the mandatory emergency water restrictions that it imposed...more

As El Nino Looms, State Weighs Extension of Conservation Regs

Rains have begun to return to California as El Nino emerges from the Pacific Ocean. After four years of drought, water providers throughout the state have begun to question how state government should approach conservation...more

To Mitigate or Not to Mitigate: No Longer a Question for Environmental Reviews?

Even the casual college football observer has probably seen by now the wild final play of the Duke-Miami game on October 31. After the game ended, it was determined that Miami literally stole the win as a result of referee...more

EPA Publishes Worker Protection Standard Final Rule

In a November 2, 2015, Federal Register notice, the U.S. Environmental Protection Agency (EPA) issued the final rule revising the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Worker Protection Standard (WPS). ...more

EPA Requests Comments on Revocation of Chlorpyrifos Tolerances

On October 30, 2015, the U.S. Environmental Protection Agency (EPA) announced that it is requesting comments on a proposal to revoke all tolerances for the insecticide chlorpyrifos in response to a U.S. Court of Appeals for...more

Citing Costs and Timing, PUC Denies Xcel Energy’s Request for Contested Case

During a public hearing yesterday, the Public Utilities Commission denied Xcel Energy’s request for a contested case hearing for the next stage of developing the Minnesota Community Solar Garden Program (the “CSG Program”)....more

New York State Department of Environmental Conservation Revises Regulations Governing Bulk Storage Tanks

The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more

EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability - Litigation Ensues

On October 23, 2015, the Environmental Protection Agency (EPA) published in the Federal Register its new rules to limit emissions from power plants. The most significant rule limits CO2 emissions from existing power plants....more

Regulations Adopted for Changing Boundaries of California Groundwater Basins

The California Water Commission on Wednesday adopted new regulations for modifying the boundaries of groundwater basins and subbasins. The action marked the latest step in the state’s rollout of the Sustainable Groundwater...more

FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims

On October 20, 2015, the United States Federal Trade Commission (FTC) released a Final Order with a corresponding Opinion against ECM BioFilms, Inc. (ECM) stating that ECM made false and unsubstantiated environmental claims...more

EPA Issues New Regulation Governing Air Quality Standards for Ozone

New Standards Could be Costly for California’s Public Agencies - The United States Environmental Protection Agency issued a final rule earlier this month strengthening the National Ambient Air Quality Standards for...more

FERC Meeting Agenda Summary - October 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s October 15, 2015 meeting, pursuant to the agenda as issued on October 8, 2015. Agenda Items E-6, E-7 and E-10 have not been...more

SEP Right for You? EPA Updates its Supplemental Environmental Projects Policy

The U.S. Environmental Protection Agency recently updated its Supplemental Environmental Project (SEP) Policy. Most federal actions for failure to comply with the environmental laws are resolved through settlement...more

Breaking: EPA Water Rule Blocked Nationwide By Sixth Circ.

The Sixth Circuit today stayed the effect of the Environmental Protection Agency’s new “Clean Water Rule” nationwide, while the Court of Appeals considers whether it has original jurisdiction to hear challenges to the...more

CT Law of the Land

Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

Massachusetts Department of Environmental Protection to Hold Listening Sessions under Executive Order 562

In April, we reported on Governor Baker’s issuance of Executive Order 562, a very broad Order that prohibits any Massachusetts agency from issuing new regulations for one year, unless certain conditions are met. In order to...more

RFA Responds To Oregon’s Proposal To Use ILUC Emissions Under CFP

On September 15, 2015, Oregon's Department of Environmental Quality (DEQ) proposed using hypothetical indirect land use change (ILUC) emissions while calculating the carbon intensity of biofuels under the Clean Fuels Program...more

Second Railroad Commission Decision Agrees Injection Well Not Likely Contributor to Earthquakes

Texas Railroad Commission examiners have determined that a well operated by EnerVest Operating LLC likely did not contribute to a series of earthquakes in the state, mirroring a similar determination made on August 31 in a...more

Federal Judge Halts Implementation of Waters of the United States Rule

Injunction Applies Only to 13 States That Are Parties to the Case On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more

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