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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have...more

Deadline For Compliance With New California Industrial General Permit For Stormwater Is A Week Away (July 1, 2015)

On July 1, 2015, the new California Industrial General Permit for Stormwater (General Permit) will take effect and along with it come a host of new compliance obligations. Chief among those obligations is the completion and...more

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

State Water Board Continues Deadline for Compliance with New California Industrial General Permit for Stormwater until August 14,...

As an update to a previous write-up on the deadline for compliance with the new California Industrial General Permit for Stormwater (General Permit), the State Water Resources Control Board (State Water Board) has continued...more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

DOGGR Releases Final Well Stimulation EIR

Yesterday, July 1, 2015, pursuant to Senate Bill 4 (“SB 4”) the State Oil & Gas Supervisor Steven Bohlen, head of the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”), certified a Final...more

When Actual Notice isn’t “Actual Notice” - The Harvilchuck Case

A recent Commonwealth Court decision may have significant implications for permittees in Pennsylvania obtaining approvals from the Department of Environmental Protection (“Department” or “DEP”) under various environmental...more

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more

Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for...more

Supreme Court Rejects EPA's Rule Regulating Hazardous Air Polluntants from Power Plants

On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power...more

EPA and Corps Issue Rule Defining “Waters of the U.S”

On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.” The rule becomes effective on August 28, 2015. Because...more

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

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