News & Analysis as of

Environmental Administrative Agency

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

New Guidance from USACE Could Streamline Processes

by Downey Brand LLP on

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

Utah DEQ Appoints New Director of Division of Water Quality

by Stoel Rives LLP on

For those of you who may have missed it, Utah DEQ Executive Director Alan Matheson last week appointed Erica Gaddis as the new Director of the Division of Water Quality....more

New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

by Snell & Wilmer on

United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the...more

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

by Ward and Smith, P.A. on

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more

Secretary Zinke Orders Review of Sage-grouse Management Plans

by Nossaman LLP on

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...more

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing...more

EPA Centralizes CERCLA Remedy Selection Authority

by WilmerHale on

Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more

Scott Pruitt Just Solved All of the Problems with Superfund. Not.

Last week, EPA Administrator Pruitt issued a memorandum requiring that all Superfund remedies estimated to cost at least $50 million be approved by the Administrator. I’m not optimistic that this will cure, or even...more

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

by Holland & Knight LLP on

In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more

Are New On-Highway, Heavy-Duty Diesel NOx Standards Down the Road?

by Latham & Watkins LLP on

The heavy-duty industry should monitor California developments - Key Points: ..The Obama EPA initiated new rulemaking to further reduce NOx emissions from on-highway, heavy-duty diesel engines and vehicles. ..The...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

by Downey Brand LLP on

In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

A CEAA change

by Dentons on

The Expert Panel mandated by the Minister of Environment and Climate Change to review federal environmental assessment processes has now delivered its report, Building Common Ground: A New Vision for Impact Assessment in...more

EPA’s Risk Management Plan (RMP) Final Rule Delayed

by Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

by Latham & Watkins LLP on

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Successfully Managing Environmental Regulatory Inspections

by Williams Mullen on

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of...

by Ruder Ware on

On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being...more

Administration's Executive Order on Climate and Energy Is Controversial, and May Shift Action to States

by Morrison & Foerster LLP on

On March 28, 2017, President Trump issued an “Executive Order on Promoting Energy Independence and Economic Growth” (E.O.) that takes aim at a broad range of federal climate and energy programs and regulations. The E.O....more

McDonalds Won’t Be Serving Utah Prairie Dog Burgers Any Time Soon

On Wednesday, the 10th Circuit Court of Appeals held that regulation of takes of the Utah prairie dog, a purely intrastate species, does not violate the Constitution. Reversing the decision below, the 10th Circuit joined all...more

Two Bureau of Land Management Regulations on Life Support Under President Trump

by Jones Day on

The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

EPA and Other Agencies to Seek Comment on Ways to Improve “Efficiency, Effectiveness and Accountability"

President Trump has given executive branch agencies 180 days to conduct an internal review and to propose, with input from public stakeholders, reorganization plans to “improve the efficiency, effectiveness, and...more

Should Congress End Agency Deference?

by Snell & Wilmer on

At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in...more

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