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Northern Gateway: BC Supreme Court Rules that British Columbia Must Issue its Own EA Decision and Consult First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

Generators of Regulated Medical Waste in New Jersey Must Meet Federal Standards After Preemptions

Generators of regulated medical waste (RMW) in New Jersey may need to revise their handling, marking and storage practices and procedures to meet federal hazardous materials requirements (49 CFR parts 171-180) (the federal...more

TSCA Legislation Passes the Senate, Nears Final Passage

On December 17, 2015, the Senate unanimously approved legislation to amend the Toxic Substances Control Act (TSCA). The legislation amended the bill already approved by the House of Representatives by substituting the text...more

Supreme Engagement: CEQA’s Continuing Saga In California’s High Court

A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet to come. The California Supreme Court’s recent CEQA decisions, and...more

North Carolina DENR is Now DEQ; New Audit Privilege and Limited Immunity Enacted

The Regulatory Reform Act of 2015 (the “Act”), passed by the North Carolina General Assembly in September and signed by Governor McCrory on October 22, made a number of significant changes to the state’s environmental laws. ...more

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit...more

Six Things the Private Sector Should Know About EPA's Final Vapor Intrusion Guidance

The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more

EPA Rejects Georgia SIP’s Automatic Rescission Powers

Rarely does EPA propose to reject state regulations during review and approval of a State Implementation Plan (SIP) under the Clean Air Act. However, EPA did just that for the Georgia SIP which automatically rescinded...more

California Superior Court Denies PANNA Petition for Writ of Mandate

On June 16, 2015, the California Superior Court for the County of Almeda denied the petition of the Pesticide Action Network North America, et al. (PANNA) for a writ of mandate to direct the California Department of Pesticide...more

Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis

This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges...more

Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule

Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23...more

Cosmetic Safety Legislation Introduced, Again

In what is the latest in a line of Congressional proposals to beef up the federal government’s authority to regulate cosmetics, Senator Dianne Feinstein (D-CA), has proposed a bill aimed at dramatically increasing Food and...more

Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately...more

TSCA Reform: Detailed Review of Representative Shimkus' Second Discussion Draft of TSCA Reform Legislation

On May 12, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a new (second) draft of the TSCA Modernization Act of 2015 (TMA2 DD). In April,...more

New Law in Texas Prohibits Local Municipalities from Banning Hydraulic Fracturing

On Monday, May 18, 2015, Texas Governor Gregg Abbott signed House Bill 40 into law, prohibiting cities, towns, and local municipalities in Texas from enacting bans on fracing. The new law provides that “oil and gas operations...more

Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge

The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation , recently rejected a challenge to the general permit procedures adopted by New York...more

Louisiana Court Rules that Migration of Chemicals from Spill Not a “Continuing Tort”

In a case that may make it more difficult for plaintiffs to maintain years-old toxic tort cases in Louisiana, a state appellate court ruled that a 1983 chemical spill did not constitute a “continuing tort.” ...more

Recent Surface Transportation Board Preemption Decisions of Note

In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more

TSCA Reform: Senate Committee Holds Markup and Passes Bipartisan Substitute Bill

On April 28, 2015, the Senate Committee on Environment and Public Works held a hearing to consider several bills, including the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Prior to the hearing, on...more

Amended Udall-Vitter TSCA Reform Bill Reaches Senate Floor

On April 28, a modified version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), also known as the “Udall-Vitter” Toxic Substances Control Act (TSCA) reform bill, was approved by the Senate...more

House Subcommittee to Revise Draft TSCA Reform Bill for May 14 Markup

Legislation to amend the Toxic Substances Control Act (TSCA), already introduced in the Senate, has taken a step forward in the House of Representatives as well. ...more

Competing Proposed Bills in U.S. Congress Look to Reform Outdated Toxic Substances Control Act

Earlier in March, two separate bills were introduced in the United States Senate seeking to update the Toxic Substances Control Act (TSCA) of 1976. The outdated federal legislation was meant to provide the Environmental...more

California Issues Emergency Regulations Restricting Underground Injection in Connection with Oil and Gas Recovery

The California Department of Conservation (“Department”) proposes to adopt emergency regulations purported to bring California’s underground injection control program into compliance with the federal Safe Drinking Water Act...more

Udall-Vitter TSCA Reform Bill Builds Momentum for Passage; Senators Boxer, Markey Respond with Competing Legislation

On March 10, 2015, Senators Tom Udall (D-N.M.) and David Vitter (R-La.) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), to modernize the Toxic Substances Control Act (TSCA). ...more

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