News & Analysis as of

Climate Change Clean Water Act

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Allen Matkins

California Environmental Law & Policy Update 5.31.24

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The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Mitchell, Williams, Selig, Gates & Woodyard,...

States Inclusion of Climate Adaption/Related Resilience Efforts in their Clean Water State Revolving Fund Intended Use Plans: U.S....

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a report titled: Half the States Did Not Include Climate Adaption or Related Resilience Efforts in their Clean Water...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

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On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Goldberg Segalla

Green Amendments and the Rise of Environmental Constitutional Rights

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There has been a recent push across the country placing “green amendments” at the forefront of the fight to combat climate change and promote environmental justice. Analogous to the rights enumerated in the Bill of Rights,...more

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

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Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Jones Day

The Climate Report: Fourth Quarter 2023

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REGULATORY ISSUES & UPDATES - Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 - The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

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On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more

Mintz

These NGOs shouldn't be allowed to second guess what Congress & the President say is in our interests in the face of our climate...

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Law 360 is reporting this morning on an NGO petition to the Army Corps of Engineers demanding that it not apply a Nationwide Permit covering the construction of "pipelines that transport water, sewage, and ‘other substances’”...more

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

Mintz on

Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

Beveridge & Diamond PC

EPA Issues Clean Water Act Permits Requiring Climate Change Adaptation

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As September ended, the U.S. Environmental Protection Agency (EPA)’s Region 1 office took a series of actions signaling the agency’s intention to impose climate change adaptation requirements in National Pollutant Discharge...more

Faegre Drinker Biddle & Reath LLP

What You Need to Know About U.S. EPA’s New Federal Enforcement Priorities

U.S. Environmental Protection Agency (EPA) recently announced its federal enforcement priorities for 2024 to 2027. U.S. EPA selects its National Enforcement and Compliance Initiatives every four years to prioritize resources...more

Jones Day

CARB Approves Regulation to Reduce Railroad Emissions

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On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more

Pillsbury Winthrop Shaw Pittman LLP

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

Williams Mullen

Biden and EPA Continue to Push Environmental Justice Using Cumulative Impacts

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President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more

Akin Gump Strauss Hauer & Feld LLP

Climate Policy Update - March 2023

President Biden issued his first veto to reject a Congressional Review Act measure to shoot down the Department of Labor’s environmental, social, and governance-related (ESG) rule. Governors are also pushing back on the Biden...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

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This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

Mintz

This Federal Court reminds us that most of the Executive Branch's environmental protection authority comes from Congress

Mintz on

Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of Appeals in upholding the constitutionality of the Congressional Review Act. The Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Consideration of Greenhouse Gas Emissions/Climate Change: Council on Environmental Quality Issues Interim National Environmental...

The Council on Environmental Quality (“CEQ”) published in the January 9th Federal Register a document titled: National Environmental Policy act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change...more

Williams Mullen

Environmental Notes - December 2022

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EPA Proposes to Expand TRI Reporting Requirements for PFAS and Other Chemicals of Special Concern - EPA is proposing to add per- and polyfluoroalkyl substances (“PFAS”) subject to reporting under the Emergency Planning...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

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What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

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