Environmental Administrative Agency

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District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

The Office of Environmental Health Hazard Assessment (“OEHHA”), which is responsible for determining the chemicals that are included on its list of chemicals known to be carcinogenic or to cause reproductive harm, thereby...more

WOTUS Litigation Update: Confusion Breeds Confusion

Perhaps it is poetic justice. The litigation over the final Waters of the United States (WOTUS) rule is as disjointed and confusing as the rule itself. Following a key court ruling yesterday, the WOTUS rule is now...more

First District Holds Public Agency’s Inadvertent Disclosure of Privileged Documents In Response To PRA Request Does Not Waive...

On July 31, 2015, the Court of Appeal for the First Appellate District, Division One, filed a 23-page published opinion holding that the inadvertent disclosure of attorney-client privileged and work product protected...more

While New Methane Rules Get Most of the Attention, EPA Also Proposes New Site Aggregation Policies for the Oil and Gas Sector and...

On August 18, 2015, the U.S. Environmental Protection Agency ("EPA") released and asked for comments on a number of proposed rules affecting the oil and gas industry. While the methane emission regulations have received the...more

EPA Proposes Stronger Standards for Certified Applicators

On August 24, 2015, the U.S. Environmental Protection Agency (EPA) issued a proposal to revise the Certification of Pesticide Applicators rule. EPA is proposing stricter standards for people certified to use “restricted use”...more

EPA’s Estimate of the “Social Cost of Methane” Used to Justify New Source Performance Standards for the Oil and Natural Gas...

On Tuesday, August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) issued proposed New Source Performance Standards (“NSPS”) under the Clean Air Act covering methane and volatile organic compound (“VOC”) emissions...more

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

California Governor's Office Releases Comprehensive Update to State California Environmental Quality Act (CEQA) Guidelines

On August 11, 2015, the California Governor's Office of Planning and Research (OPR) released its Preliminary Discussion Draft of a comprehensive update to the CEQA Guidelines – the first global update to the CEQA Guidelines...more

EPA Hits Oil and Gas Industry With a Flurry of Proposed Methane Regulations

EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate...more

Obama’s Climate Action Plan: Next Step, Landfill Methane

Having gotten the Clean Power Plan out the door, EPA has moved on to another target of President Obama’s Climate Action Plan: landfill methane emissions. Late last week, EPA proposed both new emission guidelines for...more

Ninth Circuit Finds ESA 60-Day Notice "Adequate" and Resurrects Challenge to Suction Dredge Mining Suit

On August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit reversed a district court order dismissing an Endangered Species Act ("ESA") lawsuit on the grounds plaintiffs provided inadequate notice. Klamath-Siskiyou...more

Open Meeting Of The Biomass Research And Development Technical Advisory Committee Announced

On August 10, 2015, the Federal Register included a notice announcing an open meeting of the Biomass Research and Development Technical Advisory Committee in Washington D.C. on August 27, 2015, from 8:30 a.m. to 5:30 p.m.,...more

California Environmental Law & Policy Update - August 2015 #2

Environmental and Policy Focus - 15 states sue to block enforcement of Obama administration climate change rules: Bloomberg - Aug 13: Fifteen states led by coal-rich West Virginia – but not including California - asked...more

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

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Clean Power Plan Finalized by Obama Administration and EPA — What's Next?

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) released a new set of final regulations aimed at reducing carbon output from power plants. The sweeping new Clean Power Plan (CPP) sets limits...more

30-year Eagle Take Permit Term Remanded on Procedural Grounds

On August 11, 2015, the United States District Court for the Northern District of California found that the U.S. Fish and Wildlife Service ("Service") had inappropriately relied on a categorical exclusion under the National...more

EPA Clean Power Plan – Final GHG Rule for New and Existing Power Plants

On August 3, 2015, the U.S. Environmental Protection Agency (“EPA”) announced its “Clean Power Plan”: the final version of its proposed rule issued in June 2014 to set carbon dioxide (“CO2”) standards for existing power...more

Energy Insights: An Update from the Second Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q2 2015 for the energy industry including court protection for companies using hydraulic...more

EPA Issues Suite of Final and Proposed Regulations for Carbon Emissions from Power Plants

On August 3, 2015, the Environmental Protection Agency (“EPA”) issued three separate but related actions to address carbon pollution from power plants: 1) the final Clean Power Plan, President Obama’s signature effort to...more

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

Texas Says EPA Administrative Actions under CERCLA Trigger Duty to Defend

As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers...more

EPA Posts Information on GM/Synbio Algae Project

The U.S. Environmental Protection Agency (EPA) announced last week that it is developing a project intended to support public dialog concerning the development and use of synthetic biology (synbio). EPA has oversight...more

NGOs File Suit Regarding Inert Ingredients’ Disclosure

On June 24, 2015, in the United States District Court for the Northern District of California, the Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility (Plaintiffs) sued the U.S....more

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