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Declaration Requirement Removed from First Nation Consultation Procedures

On June 10, 2015, the Alberta Energy Regulator (AER) released a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures) and Bulletin 2015-20. While the...more

California Environmental Law & Policy Update - June 2015 #4

Environmental and Policy Focus - Most water rights holders facing cuts miss state compliance deadline: Los Angeles Times - Jun 22: The majority of California growers, irrigation districts, and others who have been...more

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

Alberta Announces More Stringent GHG Emission Regulations and Climate Change Policy Review Panel

In her first major policy announcement since taking office five weeks ago, Alberta’s Environment and Parks Minister Shannon Phillips announced today that Alberta’s primary GHG regulation will be renewed and updated. The...more

BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule

On the heels of yesterday’s day-long hearing on several preliminary injunction motions in litigation challenging the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands,...more

Drought Bill To Combat Water Shortages Passes In California Legislature

Measure Would Allow Forced Consolidation Of Water Suppliers, Large Civil Fines - The California Legislature approved a budget bill that would grant the state authority to force water systems to consolidate to serve...more

The regulation of fracking in England: Environmental implications for the 'Northern Powerhouse'

It has for some time been the policy of the United Kingdom Government to facilitate operations to explore for and exploit shale gas by means of hydraulic fracturing, or 'fracking'. Just before the recent General Election,...more

DRECP Agencies Announce Phase I Updates

Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead...more

State Water Board Receives Groundwater Monitoring Recommendations from Experts

The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4...more

Texas Town Repeals Voter-Approved Ban on Hydraulic Fracturing

Just seven months after voters in Denton, Texas, approved a measure banning hydraulic fracturing within city limits, the Denton City Council voted 6 to 1 to repeal the ban. Council members called the move a “strategic repeal”...more

More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow

Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary...more

New York Finalizes Updates to Regulation of Hazardous Air Pollutants

The New York State Department of Environmental Conservation (NYSDEC) recently finalized amendments to several regulations primarily concerning hazardous air pollutants. NYSDEC repealed and replaced 6 NYCRR Part 212, Process...more

Governor Selects David Bunn to Lead Department of Conservation

Yesterday, Governor Jerry Brown appointed David Bunn, a former fish and game official and U.C. Davis academic, to lead the California Department of Conservation. The appointment comes after the departure of Director Mark...more

EPA and the Army Corps Issue Final Clean Water Rule, but Does This New “Line in the Water” Clarify, Expand or Narrow Clean Water...

On May 27, 2015, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a final rule (the “Clean Water Rule”) redefining the scope of their shared jurisdiction under...more

Summary of H.40: An Act Relating to Establishing a Renewable Energy Standard

On June 11, 2015, Governor Shumlin signed into law H. 40, An Act Relating to Establishing a Renewable Energy Standard (the “RES”). This significant renewable energy law establishes a mandatory renewable energy standard for...more

California Environmental Law & Policy Update - June 2015 #3

Environmental and Policy Focus - State Water Contractors accuse California farmers of illegally taking river water: KPCC - Jun 16: The State Water Contractors, an association of 27 public agencies that purchase water...more

Stormwater Permitting: July 1, 2015 Registration Deadline Approaches for Industrial Facilities

On July 1, 2015, new and existing industrial facilities throughout California with stormwater discharges will need a register for coverage under the new California Industrial General Permit (IGP). After 18 years, the...more

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Maryland's Pilot Program for Community Solar Approved

Maryland has taken a critical step forward to encourage solar energy in the state. On May 12, 2015, Maryland Governor Larry Hogan approved a law creating a pilot program for community solar projects, joining 10 other states...more

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

Fish & Wildlife Service Issues Notice of Intent to Regulate Incidental Take of Migratory Birds

On May 26, 2015, the U.S. Fish and Wildlife Service (“FWS”) published a notice of its intent to evaluate potential ways to regulate incidental takes of migratory birds under the Migratory Bird Treaty Act (“MBTA”). The Notice...more

Texas Becomes First State to Ban Fracking Bans

On May 18, 2015, Texas Governor Greg Abbott signed House Bill 40 into law, putting restrictions on the ability of municipalities to regulate the oil and gas industry in their jurisdictions. Because the bill passed both the...more

Oilfield Water Recycling Could Significantly Boost Texas Water Supplies

Robust drilling and production activity in the Eagle Ford, Permian Basin, Granite Wash, and other oil-producing areas of Texas has unleashed high demand for frac water and a surge of produced water as wells come online. A...more

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and...more

EPA’s EJSCREEN: Making Citizen Environmental Suits Just a Little Bit Easier

I have previously noted that EPA, perhaps recognizing that an unfriendly Congress will lead to budgetary constraints on government enforcement, has been trying to facilitate citizen enforcement efforts. EPA’s latest move on...more

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