Environmental Updates

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Collateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment

Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) - The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more

Report Recommends Update of USEPA UIC Program Citing Hydraulic Fracturing Concerns

The U.S. Government Accountability Office (“GAO”) released a report yesterday, July 28, 2014, that presents a need for the U.S. Environmental Protection Agency (“USEPA”) to update the Underground Injection Control class II...more

Boost for Solar Energy in Illinois

Governor Pat Quinn recently signed into law amendments to The Illinois Power Agency Act aimed at promoting solar power in Illinois. Utilizing deposits in the Illinois Power Agency Renewable Energy Resources Fund, these...more

Capital Thinking: Environment and Natural Resources

Regulatory Activity - EPA TO HOLD PUBLIC HEARINGS ON CLEAN POWER PLAN - This week, the Environmental Protection Agency (EPA) will hold public hearings in Washington D.C., Atlanta, Denver and Pittsburgh to...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

EPA Is Holding Flare Users’ Feet To The Fire

The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants. Originally...more

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

Energy & Environment Update - July 2014 #3

In This Issue: - Commerce Department Action on Solar Trade Case - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce -...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

Does The EPA Have A Thing Against Building Energy Codes?

What if there was a technology that had a 20 year track record of saving 4.8 quads of energy and 41 million tons of carbon, while saving consumers more than $44 billion over the past 20 years, and was anticipated to save...more

Regulation – a help or a hindrance to the UK shale industry?

DESPITE significant public opposition in the UK to hydraulic fracturing (fracking) and shale gas development, there has been a upswing of activity and announcements in the first half of 2014. In May, the British...more

OECD Posts Report on Nanotechnology and Tire Industry

On July 24, 2014, the Organization for Economic Cooperation and Development (OECD) posted a report entitled Nanotechnology and Tyres: Greening Industry and Transport, which provides a risk management framework to enable...more

How Untimely Service Can Be Deadly To Your Takings Claim

If you ask ten attorneys what keeps them up at night, at least six of them will recount nightmares about missing a filing deadline. I know what you're thinking. How hard can it be? You just look in the Code, find the...more

Shots Fired: PA Auditor General Releases Oil and Gas Audit

On Tuesday, the Pennsylvania Auditor General’s Office released a report criticizing the Department of Environmental Protection (DEP) for failing to adequately track and respond to public complaints concerning water quality...more

The EPA, H20, and Fracking: An EPA study of drinking water and hydraulic fracturing could have far-reaching implications for...

As many who work in the oil and gas industry are aware, the U.S. Environmental Protection Agency is pressing forward with a multiyear Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources. On...more

NJ Energy Resilience Bank Funds Distributed Energy Resources

Last week, the New Jersey Board of Public Utilities (BPU) approved an agreement with the New Jersey Economic Development Authority (EDA) to establish and operate an Energy Resilience Bank in the state. The BPU approved a...more

Is Selenium the Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based on Water Quality Criteria Exceedances

Last week, the Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits due to exceedances of the West Virginia water...more

Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's...

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for...more

U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China...more

EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more

New Report Ranks Power Utilities by Renewable Energy, Energy Efficiency Performance

In a first-of-its-kind report announced this morning, Ceres and Clean Edge ranked the nation's largest electric utilities and local subsidiaries on their renewable energy sales and energy efficiency savings. The report...more

Corporate Renewable Energy Buyers’ Principles Highlight the Promise of Consumer/Utility Collaboration in Renewable Power...

As we wrote earlier this year, end-use corporate energy consumers large and small are increasingly turning to distributed power generation using solar, wind and other technologies to reduce purchased power costs and price...more

Report Projects Modest Need for Electric Generation Capacity Growth

The U.S. Energy Information Administration has projected that 351 gigawatts of new electric generating capacity will be added to the U.S. grid between 2013 and 2040. This projected new capacity, most of which EIA expects to...more

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