Administrative Agency Environmental

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

EPA Taking First Actions to Restrict Existing Chemical Uses

On October 11, 2016, EPA announced the start of expedited rulemaking to restrict the existing uses of five widely used chemicals that have been identified as being toxic, persistent and/or bioaccumulative in the environment...more

TSCA Reform Will Fundamentally Change U.S. Chemical Regulation

Astonishingly, in an election year and at a time of unprecedented partisanship, this past June, Congress adopted significant reforms to the Toxic Substances Control Act (TSCA) with sweeping support from both sides of the...more

New Modifications to the Proposition 65 Regulations

The modifications significantly change both the AG’s Regulations and OEHHA’s Clear and Reasonable Warnings provisions. California’s Office of Administrative Law recently approved important changes to two sets of Proposition...more

First Circuit Affirms US Park Service Designation of Long Wharf Pavilion Area for Public Recreational Use

On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.” The Court’s ruling in Boston Redevelopment Auth. v. Nat’l Park...more

2017 "Reset" of TSCA Inventory Will Affect All Chemical Users

The cornerstone of the new Toxic Substances Control Act (TSCA) is EPA's Section 6(b)(4) mandate to review the risk of each existing chemical in commerce and to regulate its use where unreasonable risks are found. With...more

Department of Energy Updates Integrated Interagency Pre-Application Process for Electric Transmission Projects 

On Wednesday, September 28, 2016, the Department of Energy (DOE) published in the Federal Register a final rule which revises the agency's regulations governing its Integrated Interagency Pre-Application (IIP) process and...more

Patience and Perseverance Paves the Way for Air-izona

John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions...more

Shell Pays Big for Double Dipping with the UST Fund

Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund...more

California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed...more

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine May Privatize Welfare Program Maine’s ASPIRE program, currently run by the state’s...more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

EPA Eliminates “But For” Causation From the Exceptional Events Rule: Tort Professors Everywhere Get Excited

On Monday, EPA promulgated amendments to its “Exceptional Events” Rule. The rule is important, particularly in the Western states, and most particularly in connection with EPA’s latest iteration of the ozone NAAQS. EPA’s...more

[Webinar] Implementation of the Sustainable Groundwater Management Act (SGMA) - September 20th, 10:00am PDT

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will cover critical water-related legal topics including implementation...more

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine...more

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

The Social Cost of Carbon Passes Its First Judicial Test

Earlier this week, the 7th Circuit affirmed the Department of Energy’s new energy efficiency requirements for commercial refrigeration equipment. This is a big deal in its own right, simply because the numbers are really...more

Recent Environmental and Administrative Law Decisions by Federal and State Courts

The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August: - On August 8, the U.S....more

A Foolish Consistency Is the Hobgoblin of Little Minds: So Said Emerson, So Says EPA

On Wednesday, EPA issued a final rule amending its “Regional Consistency Regulations.” The new rule provides that EPA will only follow adverse judicial decisions in the areas of the country where such judicial decisions are...more

New Climate Change Guidance for NEPA Reviews

In the United States, federal agencies that license, permit or finance energy and infrastructure projects must, with some limited exceptions, analyze the environmental impacts of those projects before they approve them,...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

2,186 Results
View per page
Page: of 88

Follow Administrative Agency Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.