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Administrative Agency Environmental

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

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

by Williams Mullen on

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

California’s Prop 65: More Form Over Substance

California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (affectionately known as “Proposition 65”) has long been the subject of discussion, both pro and con. Much of the conversation is on various issues surrounding...more

SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017

The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

by Bennett Jones LLP on

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

by Snell & Wilmer on

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more

USACE Issues Guidance on Contributed Funds for Section 408 Review

by Downey Brand LLP on

As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers...more

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

Article: June 2017: Energy Litigation Update

New Administration Leads to Pause of Major Energy-Related Litigation. In March, President Trump signed an executive order directing the Environmental Protection Agency (“EPA”) to “suspend, rescind, or revise” several...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

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

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