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Is Fracking Safe?
The Ohio Department of Natural Resources (ODNR) is tightening permit conditions for horizontal drillers after a report from state geologists found a “probable connection” between hydraulic fracturing and a string of small...more
As chair of the California Water Commission, I spoke last week at the inaugural Delta Stewardship Council Interagency Implementation Committee on the actions the Commission has taken, in collaboration with ACWA and the Delta...more
Stormwater pollution has become an increasingly important problem. Part of the difficulty in solving it is that it’s not obvious who should be responsible. Should cash-strapped municipalities be on the hook or should it be...more
On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated...more
Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders.
The US Environmental Protection Agency (EPA) and the US Army Corps of...more
On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting...more
In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more
BB&K to Provide Input to the State on Groundwater Management -
The Office of Planning & Research (OPR) is seeking stakeholder input on actions to improve groundwater management in California, consistent with the...more
Continuing on the stormwater theme I began in my last post, the next topic I intend to cover is EPA’s so-called “residual” authority under the Clean Water Act. The statute specifically requires stormwater permits for...more
SB 4 did not place a moratorium on the use of hydraulic fracturing or other well stimulation treatments. SB 4 specifically states that so long as an operator complies with the notification and documentation requirements...more
A. Fast Track Regulations -
1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20).
Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172,...more
In an exceptionally thorough and well-reasoned opinion, the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging respondent 14th District Agricultural Association’s (District)...more
In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more
In California Clean Energy Committee v. City of Woodland (opinion filed 2/28/14; partial publication ordered 4/1/14), the Third Appellate District ruled that the City of Woodland violated the California Environmental Quality...more
A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. ...more
The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule...more
For the first time in 17 years, industrial facilities in California must contend with a new set of legal requirements controlling storm water. On April 1, 2014, the California State Water Resources Control Board (State...more
Minerals Make Life - a national, non-profit mining association - has recently developed an illuminating infographic indicating the increased demand for rare earth minerals. Presence of these minerals in the earth’s crust is...more
On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more
On April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a...more
Hydrokinetic energy projects generate electricity from moving water, capturing the power embodied in tides, waves, and currents without the use of dams. Hydrokinetic energy resources are estimated to have a tremendous power...more
California’s Second District Court of Appeal, Division Five, issued a decision on March 20 in Center for Biological Diversity v. Department of Fish & Wildlife (Case No. BS131347), overturning the trial court’s decision...more
The Air Resources Board proposes to merge court-mandated re-adoption of the Low Carbon Fuel Standard with other significant program changes.
The Low Carbon Fuel Standard (LCFS) continues to generate uncertainty due to...more
The U.S. Environmental Protection Agency has issued the first draft permits for injecting and storing carbon dioxide in underground rock formations, which could advance carbon capture and sequestration efforts.
The proposed rule offers a definition of “waters of the United States” that expands the Clean Water Act’s jurisdiction.
On March 25, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more
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