Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

What To Know About PHMSA's New Emergency Authority Rule - October 2016

Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard...more

Update on the regulation of the Moroccan electricity sector

As host of the upcoming COP22, Morocco has been pursuing the liberalisation of its energy sector. On 4 May 2016, Morocco's House of Counsellors adopted the law No.48-15 (the "Law") in order to regulate the electricity sector...more

Washington, D.C. Update – October 2016

In a rush to leave Washington and head home to campaign for reelection, members of Congress passed a continuing resolution (CR) avoiding a shutdown and extending federal government operations through December 9. In an effort...more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

It’s Foreseeable That More Species Will Be Listed Under the ESA Due to Climate Change

The drumbeat of cases, either approving agency action under the ESA – or reversing agency refusal to act – due to habitat alteration resulting from climate change continues to grow. In February, the 9th Circuit reversed a...more

Renewable Energy Update - October 2016 #3

Renewable Energy Focus - Ports plan for future zero-emission goal with cleaner, safer energy - Long Beach Press-Telegram - Oct 18 - After years of pressure from environmental groups and the community to...more

Pennsylvania’s New Oil and Gas Regulations for Unconventional Wells – Part 1: Planning and Permitting

The new rules for unconventional oil and gas wells in Pennsylvania are finally here. The regulations in Chapter 78a, relating to unconventional wells, were publish ed in the Pennsylvania Bulletin on October 8, 2016....more

EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it...more

ICYMI: Energy & Environmental News Round-Up

Oil & Gas - Lease Does Not Preclude Noise and Light Nuisance Suit from Reaching Jury - On Friday, October 14, 2016, the U.S. District Court for the Middle District of Pennsylvania allowed a Northeast Pennsylvania...more

Massachusetts Environmental and Land Use Alert

Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more

9th Cir. Upholds ESA Listing of Pacific Bearded Seals on the Basis of Climate Projections

On October 24, the U.S. Court of Appeals for the Ninth Circuit reversed the district court and upheld the determination of the National Marine Fisheries Service (NMFS). The NMFS concluded that two distinct population species...more

Don’t Miss The Algae Biomass Organization Summit, October 23-26, 2016, In Phoenix, Arizona

The Algae Biomass Summit is the largest algae conference in the world. This is where leading producers of algae products go to network with industry suppliers and technology providers, where project developers converse with...more

OCC & Federal Reserve Report and Proposed Rules - Limitation on Banks Dealing & Investing in Metals and other Physical Commodities

On September 8, 2016, as required by Section 620 of the Dodd-Frank Act, the Board of Governors of the Federal Reserve System (the “Board”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit...more

U.S. EPA Issues Revisions to Hazardous Waste Generator Rule, To Be Finalized in October 2016

The U.S. Environmental Protection Agency published proposed revisions to Hazardous Waste Generator regulations in September 2015. The public comment for the proposed revisions closed at the end of December 2015 and the...more

[Events] Nossaman's 2016 Northern California Environmental and Land Use Law Update - November 9th - Walnut Creek, CA

Nossaman is hosting its first Environmental and Land Use Law Update in Northern California! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment...more

Carbon Reduction Reshapes a Regional Electricity Market

Earlier this year, Massachusetts passed legislation that will require the state’s distribution utilities to purchase carbon-free electricity from hydropower and on and offshore wind farms under long-term contracts for up to...more

Post-Aliso Canyon gas storage report

A task force has released its report on the safety of underground natural gas storage, following the Aliso Canyon leak in California. The Interagency Task Force on Natural Gas Storage Safety was formed by Congress and the...more

California Environmental Law & Policy Update - October 2016 #3

Environmental and Policy Focus - Federal report recommends gas-storage safety changes - OC Register - Oct 18 - A task force commissioned by the federal Pipeline and Hazardous Materials Safety...more

New Zealand Government Adopts Asbestos Import and Export Prohibition Order

By: Marina Stinely The New Zealand Government adopted an Imports and Exports Prohibition Order for 2016 on Asbestos-containing products. The Order was made pursuant to section 3 of the Imports and Exports (Restrictions)...more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have...

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from...more

News from Second and State

Weekly Wrap: - One week down, one to go. This was the second to last week scheduled for legislative action in 2016, and both chambers were in Harrisburg for three days of voting session. There was plenty of activity on...more

New Florida Pollution Incident Reporting Rule

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the...more

EPA Opens Nominations For The 2017 Presidential Green Chemistry Challenge Awards

On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA). Since 1996, these awards have honored companies...more

“Oh The Times . . . They are A-Changing:” EPA & DOJ Follow Through on Worker Endangerment Initiative

On October 12, 2016, the U.S. Department of Justice (“DOJ”) announced that four Texas companies agreed to plead guilty to criminal violations of the Clean Air Act at oil and chemical processing facilities, and to collectively...more

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