Transportation Environmental

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.
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Massachusetts Proposes New Greenhouse Gas Rules for Electric Generation, Natural Gas, and Transportation Sectors

On December 16, 2016, the Massachusetts Department of Environmental Protection (“MassDEP”) released draft rules that would impose new greenhouse gas (“GHG”) requirements on the electric energy sector, gas distribution...more

PHMSA Sets Standards to Enhance Safety of Underground Natural Gas Storage Facilities

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA), a division of the Department of Transportation (DOT), issued an Interim Final Rule (the “IFR”) to implement safety standards for the...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

District Court’s NEPA Judgment Vacated In Case Rendered Moot

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause...more

UK Consultation On Proposed Changes To Renewable Transport Fuel Obligations

On November 29, 2016, the United Kingdom (UK) Department of Transportation published proposed legislative changes to the Renewable Transport Fuel Obligation (RTFO), which is open for consultation until January 22, 2017. ...more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government...more

Boletín Mensual de Comercio Internacional: Noviembre Información con Énfasis en la Regulación Comercial y de Arbitraje...

Durante el mes de noviembre destacan los siguientes temas: Comercio, Prácticas Desleales, Competencia Económica, Compras de Gobierno, Subsidios, Solución de Diferencias, Comercio Electrónico....more

California Environmental Law & Policy Update - December 2016

Environmental and Policy Focus - Warriors win second court decision in S.F. arena battle - San Francisco Business Times - Nov 29 - A California appellate court on Tuesday upheld the environmental review...more

Early Views on the US Energy and Infrastructure Sectors Under a Trump Administration

Energy and infrastructure policy was as at the forefront of the presidential election discussion and has continued to be highlighted as a focus for the Trump administration. Here, we take an early look at how a Trump...more

Fuel Economy and Greenhouse Gas Emission Standards for Automobiles: EPA Announces That No Adjustments to the Standards for Model...

The United States Environmental Protection Agency (EPA or Agency) yesterday announced its proposed determination that greenhouse gas (GHG) emission standards for light-duty vehicles (LDVs) manufactured in model years (MYs)...more

Sustainable Development Update - December 2016

Sustainable Development Focus - U.S. voters approve billions for transit and green space - Urban Land - Dec 1 - In November, voters across the U.S. endorsed numerous state and local ballot measures...more

EPA Provides Early Affirmation of Vehicle Emission Standards for 2022-2025

Through its Proposed Determination, EPA has concluded that the model year 2022-2025 GHG standards should remain as promulgated, despite automotive industry evidence demonstrating the need for less stringent standards. ...more

Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally...more

In Effort to Increase Both Transparency and Safety, PHMSA Releases Civil Penalty Framework

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a General Policy Statement for civil penalties (“Penalty Framework”) on October 17, 2016. The Penalty Framework...more

Court Judgment Demands More from the UK Government to Tackle Air Pollution

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient. With air pollution reportedly responsible for 9,500...more

Appellate Court Rejected EIR That Found Insignificant Traffic Impacts, Despite Consistency With Infill-Promoting General Plan...

The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA). The appellate court rejected the EIR's...more

Sustainable Development Update - November 2016 #3

Sustainable Development Focus - Kaiser Permanente buys 110 MW of solar - Solar Industry Magazine - Nov 10 - Taking another step toward achieving its goal of using 100% renewable energy by 2025, Kaiser...more

Wait, How Many Trucks? Ash Pond Closure by Removal

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To...more

US designates alternative fuel corridors for transportation

U.S. federal highway administrators have announced the designation of 55 routes as "alternative fuel" corridors, capable of accommodating electric vehicles or those powered by hydrogen, propane, or natural gas. The...more

WA Court Denies MSJs in CWA Citizen’s Suit Over Alleged Illegal Discharges of Coal and Coal Dust

A group of environmental organizations, headed by the Sierra Club, filed a Clean Water Act (CWA) citizen’s lawsuit against the BNSF Railway Company, alleging that the railroad, the only transporter of coal in Washington,...more

Transportation CO2 Surpasses Power Sector CO2: Good News or Bad?

Last week, DOE announced that transportation sector CO2 emissions in the US exceeded power sector CO2 emissions for the first time since 1978. Why? The combination of increasing vehicle miles traveled in the transportation...more

EPA's Latest Truck Rule Has Broader Effect on Mobile Source Compliance and Environment

Originally published in Bloomberg BNA's Daily Environment Report, 209 DEN B-1, 10/28/16. On Oct. 25, the Environmental Protection Agency and the National Highway Traffic Safety Administration published more stringent...more

Aboveground Storage Tank Act: Compliance Challenges Since August 1, 2016 [Video]

Spilman Environmental Law attorneys Mark Clark and David Yaussy present a webinar in which they shared enforcement and compliance challenges they have seen since August 1, 2016, the effective date of the Aboveground Storage...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

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

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