News & Analysis as of

Environmental Administrative Agency

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

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No....more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Air Modeling and Effects Review Applicability: Texas Commission on Environmental Quality Updates Guidance

The Texas Commission on Environmental Quality (“TCEQ”) announced the release of an updated Modeling and Effects Review Applicability guidance document (“Guidance”). See APDG 5874. TCEQ intends for the document to provide a...more

UK Publishes Draft Legislation Prohibiting the Manufacture and Supply of Cosmetic Products Containing Microbeads

by Hogan Lovells on

On 11 September 2017, the UK Department for Environment, Food and Rural Affairs (DEFRA) published draft regulations prohibiting the manufacture and supply of rinse-off personal care products containing microbeads. The draft...more

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. ...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County School Districts Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jessieville School District and Fountain Lake School District (collectively, “District”) entered into an August 30th Consent Administrative Order (“CAO”)...more

Regional Haze/Nitrogen Oxide: U.S. Environmental Protection Agency Proposal to Approve Arkansas State Implementation Plan Revision

The United States Environmental Protection Agency (“EPA”) issued a September 11th Federal Register Notice proposing to approve a revision to the Arkansas Regional Haze State Implementation Plan (“SIP”) submitted by the...more

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Ketchikan, Alaska Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and E.C. Phillips and Son, Inc. (“E.C. Phillips”) entered into an August 17th Expedited Settlement Agreement (“ESA”) addressing alleged violations of regulations...more

Off-Specification Used Oil: July 27th U.S. Environmental Protection Agency Interpretive Letter

The United States Environmental Protection Agency (“EPA”) addressed in a July 27th letter various requests regarding off-specification (“Off-Spec”) used oil....more

Wind Farm/Transmission Line: Federal Court Addresses Whether Facility Operations Can Continue Pending NEPA Supplemental EIS...

A United States District Court (Southern District California)(“Court”) addressed a dispute as to the appropriate remedy for a constructed wind farm and transmission line (collectively “Project”) whose United States Department...more

Waters of the U.S.: Extension of Public Comment Period to Re-establish Historic Rule and Announcement of Public Meetings for...

by Burr & Forman on

In late August, EPA and the U.S. Army Corps of Engineers announced an extension of the public comment period for a proposal to recodify a pre-existing rule defining the scope of waters of the United States. The...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

Interlocutory Remand Can Be Used to Supplement Agency Findings Prior to Judgment - California Court of Appeal Upholds Trial...

by Holland & Knight LLP on

• In Highway 68 Coalition v. County of Monterey, et al., California's Sixth District Court of Appeal endorses the trial court's use of interlocutory remand as a prejudgment tool to allow a lead agency to supplement deficient...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

by Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

DOE Grid Report Pins Coal Decline Primarily on Economics of Natural Gas

by Morrison & Foerster LLP on

On August 23, 2017, the Department of Energy (DOE) publicly released a long-anticipated study of the U.S. electrical grid titled “Staff Report to the Secretary on Electricity Markets and Grid Reliability.” The report followed...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

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

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