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Environmental Updates

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

Tennessee Urges EPA to Adopt the "Tennessee Plan" to Define WOTUS

by Burr & Forman on

The commissioners of the Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Department of Agriculture (TDA) recently responded to EPA Administrator Scott Pruitt’s request to States for comments...more

Taking it to the Limit: Recommendations from Alberta's Oil Sands Advisory Group

by Dentons on

On June 16, 2017, the Government of Alberta released the Recommendations on Implementation of the Oil Sands Emissions Limit (Report) prepared by the Oil Sands Advisory Group (OSAG). The OSAG was established by Alberta's...more

U.S. Withdrawal from the Paris Agreement Creates an Opening for China to Lead

by Latham & Watkins LLP on

On June 1, 2017, President Trump announced during a speech at the White House that the United States will withdraw from the Paris Agreement, fulfilling a campaign pledge to end the agreement that the President argued would...more

China Increases Focus on Electronic Waste

by Latham & Watkins LLP on

As a world leader in the manufacturing of electronic devices, China is beginning to reform its rules and regulations to ensure that the resulting framework is able to keep pace with the rapid developments now taking place in...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

News from Second & State

Weekly Wrap - Today marks just one week until the June 30 budget deadline. Seven days. A mere 168 hours to finish hashing out an over $30 billion state spending plan to carry us through the next fiscal year. While we still...more

Interior Department Announces Regulatory Reform Comment Opportunity

by Clark Hill PLC on

In a June 22, 2017 Federal Register notice, the Department of Interior (DOI) became the most recent federal department or agency to initiate a comment cycle to solicit public input on regulations that should be repealed,...more

ISO Standard Describes Aerosol Generation for Air Exposure Studies of Nano-Objects and Their Aggregates and Agglomerates

by Bergeson & Campbell, P.C. on

The International Organization for Standardization (ISO) recently published standard ISO/TR 19601:2017, “Nanotechnologies — Aerosol generation for air exposure studies of nano-objects and their aggregates and agglomerates...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

NYSERDA and NY Power Authority Seek to Fund Proposals for New Clean Energy Projects: First Round Submissions Due July 13th

On June 2nd, the New York State Energy Research and Development Authority (NYSERDA) and the New York Power Authority (NYPA) issued record requests for proposals from qualified developers to build renewable energy projects...more

Sustainable Development Update - June 2017 #4

by Allen Matkins on

Sustainable Development Focus - Support for wind, solar power continues - Facility Executive - Jun 14 - Demand for renewable energy by consumers and businesses — along with a long-term commitment to cleaner...more

Is It a Dividend? Is It a Tax? Could President Trump Care Less?

In February, I posted about the formation of the Climate Leadership Council and its push for what it calls its “Carbon Dividend” plan. In essence, it’s a gradually increasing carbon tax. The plan would be revenue neutral,...more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

by Best Best & Krieger LLP on

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

SPARK 2017, November 6-7, 2017, Edmonton, Canada

by Bergeson & Campbell, P.C. on

Emissions Reduction Alberta (ERA) and Alberta Innovates are hosting SPARK 2017 to support game-changing solutions to reduce greenhouse gas (GHG) emissions and advance the bioindustrial sector. The conference will take place...more

Neste Announces Plans To Invest In Research On Waste And Residue Raw Materials

by Bergeson & Campbell, P.C. on

On June 6, 2017, Neste, a member of BRAG, announced that it would direct a large amount of its resources to researching waste and waste raw materials. In the future, Neste aims to produce biofuels and bioplastics from waste...more

FERC Conditional Approval of Natural Gas Pipeline Consistent with Clean Water Act Sequencing Requirements

by Moore & Van Allen PLLC on

In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects,...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

Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the Legislature was required to pass...more

California Environmental Law & Policy Update - June 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump administration backs away from fight over California's power to set automobile emission standards - Los Angeles Times - Jun 15 - The Trump administration is backing off its...more

Hold on to Your Hats: Another Active Hurricane Season Forecasted

by Zelle LLP on

Some wait for football season in the Fall while others anticipate baseball season in the Spring. Some sports fans are disappointed that basketball season just ended. But those in the insurance industry often anxiously...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Minamata Convention on Mercury Achieves Ratification: International Use and Mining of Mercury Targeted for Scale Down

by Bergeson & Campbell, P.C. on

The Minamata Convention on Mercury (Convention), a global treaty aimed at scaling down mercury use and production developed by the United Nations Environment Program (UNEP), recently surpassed the 50-country threshold...more

DOJ Ban Pushes Third Parties to the Periphery - A new restriction on settlement payments could limit role of Supplemental...

A one-page memorandum from Attorney General Jeff Sessions could cause significant changes to how settling defendants can use supplemental environmental projects (SEPs) in settling Department of Justice (DOJ) environmental...more

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