Environmental Policies

News & Analysis as of

Policy Observer - December 2014

Giving and Receiving: Insuring Company-Sponsored Volunteerism: This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more

California Environmental Law and Policy Update - December 2014 #2

Environmental and Policy Focus - California drought-relief bill passes House: SFGate.com - Dec 9: On December 9, the House approved a bill designed to give state and federal agencies authority to move more water in...more

Energy & Environment Policy in the 114th Congress

As the dust settles from the midterm election, it is time to examine what might still be accomplished before the end of the year and preview what to expect in the 114th Congress. Below we examine seven committees: Senate...more

Environmental Impact Analysis — The Impact of a Project on the Environment or the Impact of the Environment on a Project?

Traditionally, environmental impact analysis, under NEPA and state analogs, has focused on the impacts that a proposed project may have on the environment. In Massachusetts, the Executive Office of Energy and Environmental...more

California Environmental Law and Policy Update - November 2014 #2

Environmental and Policy Focus - Heat, drought worsen smog in California, stalling decades of progress: Los Angeles Times - Nov 10: Heat and extreme drought have worsened smog in California over the last year, stalling...more

Meet Your Deadlines: West Virginia AST Act Challenges

In This Presentation: - How We Got Here - Aboveground Storage Tank Act - Key Definitions - Key Elements - Upcoming Deadlines - AST Registration Stats - Interpretive Rule (47 CSR 62) -...more

Queensland Government calls for input into Climate Adaptation Strategy

The Queensland Department of Environment and Heritage Protection is in the process of developing a whole-of-government Climate Adaptation Strategy (CAS) to reduce risks to the Queensland economy, environment, infrastructure...more

Climate Action Plan for San Diego County Struck Down Under CEQA by Court of Appeal for Failure to Comply with Requirements for...

On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to the County of San Diego’s (“County”) approval of a climate action plan (“CAP”) and related significance thresholds...more

U.S. and China Reach Historic Accord on Climate Change

In a surprise announcement that capped months of secret negotiations, on November 11, 2014, President Obama and Chinese President Xi Jinping announced an historic pact that commits each country to ambitious goals to cap...more

Superfund Rant For a New Congress

So the new Congress will be controlled by the GOP. The House and Senate will consider various bills to reign in EPA authority. Here’s one relatively modest suggestion for congressional consideration: amend CERCLA to limit...more

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more

Latest AST Developments: Interpretive Rule Adopted & Comments Filed on Draft Emergency Rule

On October 21, 2014, the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia Secretary of State its finalized Interpretive Rule outlining mechanisms for compliance with the imminent...more

Florida's Amendment 1: Water and Land Conservation Funding Passed by Voters - The 20-Year Program Will Generate Almost $20 Billion...

Florida's Water and Land Conservation Initiative that dedicates billions of dollars to conservation over the next 20 years was ratified by the voters by a wide margin. Voters in all parts of the state and across the political...more

EPA Presents WIFIA Listening Sessions in Los Angeles

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year...more

MassDEP Releases Its Draft Vapor Intrusion Guidance

MassDEP has recently released for public comment draft Guidance on Vapor Intrusion. The proposed guidance would replace MassDEP’s December 2011 Interim Final Vapor Intrusion Guidance, which saw minor revisions in the spring...more

ML Strategies Energy and Environment Update: Week of 11/3/2014

ENERGY AND CLIMATE DEBATE - With election day looming, our attention turns to the outcomes of the close races, potential lame duck issues, and what the election means for the new 115th Congress....more

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

E3.gov: Economy, Energy, Environment – Another Resource for Manufacturers

“To compete in today’s global marketplace, manufacturers need to be smart, innovative, and sustainable.” That’s the first thing you read on the federal government’s E3 webpage – E3 stands for “Economy – Energy – Environment.”...more

Maine DEP Proposes to Revamp Solid Waste Rules

The Maine Department of Environmental Protection (DEP) issued several public notices detailing numerous proposed changes to Maine’s solid waste rules. These changes are being proposed largely in response to legislation passed...more

Maryland Proposes Hazardous Substance Reporting Rule

The Maryland Department of the Environment (MDE) proposed hazardous substance reporting obligations on Friday, October 31, 2014. These regulations would implement Environment Article §7-222(d), amended in 2008, requiring...more

New York Supreme Court Pro Rata Allocation for MGP Sites on Long Island Clarifies Self-Insured Periods

A New York State trial court judge applied a pro rata time on the risk allocation for pollution from manufactured gas plants on Long Island. Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.,Index No. 604715/1997,...more

New Jersey Seeks to Ban the Use of “Microbeads” in Consumer Care

The New Jersey State Legislature has unanimously approved legislation to address the growing environmental concerns over personal care products containing microbeads, small non-biodegradable plastic particles used as...more

Maine Supreme Court Affirms Broad Review Powers for BEP in Clearing Way for Wind Project

The Maine Supreme Judicial Court (the Law Court) recently issued an important decision that confirms the broad authority of the Maine Board of Environmental Protection (BEP) to review decisions of the Commissioner of the...more

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