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Environmental Updates

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

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI...more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

Ninth Circuit: US Must Pay Share of CERCLA Cleanup Costs at Former Military Plant

by Morgan Lewis on

The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

The House is not in session this week. The Senate is in session. Senate Appropriations — Subcommittee on Interior, Environment and Related Agencies markup of the “Interior, Environment, and Related Agencies Appropriations...more

California Governor Brown Signs Cleaning Product Right to Know Act of 2017 (S.B. 258); New York Stat

by Bergeson & Campbell, P.C. on

On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain...more

Long-Awaited Commerce Department Regulatory Reform Report Spotlights Priority Targets

by Clark Hill PLC on

In one of its first actions upon taking office, the Trump Administration issued a Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing on January 24, 2017. That...more

Conservation Easements: Easement Deed Fails To Satisfy Perpetuity Requirement

by Fox Rothschild LLP on

In Palmolive Building Investors, LLC v. Commissioner, 149 T.C. No. 18, the Tax Court denied a charitable contribution deduction of a donated façade easement because the easement deed failed to satisfy the perpetuity...more

Maryland Announces $3.5 Million In Funding For Animal Waste To Energy

by Bergeson & Campbell, P.C. on

The Maryland Energy Administration (MEA) issued a $3,500,000 funding opportunity for projects that use animal waste to generate electricity while reducing the environmental impacts that animal wastes can have on Maryland’s...more

Neste Issues Report On Changes In Energy, Transport, Chemical Markets

by Bergeson & Campbell, P.C. on

On October 5, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the publication of its business environment outlook titled “Taking Action on Climate Change.” The report provides...more

PNNL, WSU Partnership Produce Byproducts From Biofuel

by Bergeson & Campbell, P.C. on

A collaboration between researchers at the Department of Energy's (DOE) Pacific Northwest National Laboratory (PNNL) and Washington State University (WSU) has led to the development of a method for converting hydrothermal...more

Sustainable Development Update - October 2017 #2

by Allen Matkins on

Sustainable Development Focus - California to create roadmap for commercializing microgrids - Microgrid Knowledge - Oct 6 - California is nearing the homestretch on a roadmap now being circulated for comment that aims to...more

California Enacts Legislation in an Attempt to Level the Playing Field in Proposition 65 Enforcement Actions

by Downey Brand LLP on

On October, 5, 2017, Governor Brown announced that he signed AB 1583 into law. AB 1583, authored by Assemblymember Ed Chau, a democrat from Monterey Park, is intended to promote transparency in Proposition 65 private...more

The Clean Growth Strategy - Government releases its strategy for a low carbon future

by Hogan Lovells on

On 12 October the Government released its latest strategy to promote “clean growth” in the UK. It sees clean growth as growing the UK’s national income, while cutting greenhouse gas emissions that contribute to climate...more

Arkansas Natural Resources Commission Strategic Plan: FY2018 – FY2019

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The Arkansas Natural Resources Commission (“ANRC”) recently issued its Strategic Plan...more

Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

by Nossaman LLP on

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It...more

EPA Proposes to Repeal the Clean Power Plan

by White & Case LLP on

The United States Environmental Protection Agency’s (the "EPA's") October 10, 2017, proposed repeal of the Clean Power Plan (the "CPP") will hinder prior federal efforts under the Obama Administration to curb greenhouse gas...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

UK Automotive Round-up – October 2017

by Dentons on

The UK automotive industry is facing an unprecedented range of environmental challenges – and arguably opportunities. The "dieselgate" defeat devices scandal and resulting litigation, the 2040 electric vehicle switchover and...more

Oregon Targets Renewable Heating Companies for Increased Assessments

by Tonkon Torp LLP on

Biomass heating companies, which use renewable energy sources like wood, crop waste, or garbage to generate heat, will now come under central assessment in Oregon. Under central assessment, all of a company's property,...more

Catalogue of Solid Waste Forbidden to Import into China: Solid Waste Association of North America October 11th Update to States

The Solid Waste Association of North America (“SWANA”) sent an October 11th “update” to state officials regarding the People’s Republic of China intent to update its Catalogue of Solid Waste Forbidden to Import into China...more

Climate change liability? The escape of the salmon

by DLA Piper on

Many industries are increasingly concerned with predicting the damage that climate change will cause to people, business and the environment. And businesses are asking themselves a related question: what can be done to...more

USDA Announces $21 Million In Funding For Biobased Products

by Bergeson & Campbell, P.C. on

On September 22, 2017, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) awarded six grants totaling nearly $21.1 million to support the development of new jet fuel, biobased...more

FDA Announces Meeting, Calls For Comments On FDA/USDA Agricultural Biotechnology Education And Outre

by Bergeson & Campbell, P.C. on

On October 12, 2017, the U.S. Food and Drug Administration (FDA) announced two public meetings regarding its Agricultural Biotechnology Education and Outreach Initiative. The meetings will be held in Charlotte, North...more

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