Environmental Policies

News & Analysis as of

How Will Brexit Impact Environmental and Energy Law?

Following the recent UK referendum result, attention is now turning to the legal implications for specific policy areas. While the overwhelming majority of the UK’s environmental legislation is derived from EU...more

Climate Change Opinions Don't Help Business; Data Do

We try to stay away from politics on the blog, so we were reluctant to take up the Sierra Club’s recent report concluding that if Donald Trump became president he would be unique among world leaders in his refusal to...more

California Environmental Law & Policy Update - July 2016 #2

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

Federal Court Dismisses Claims Against Third-Party Administrator

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

Safety, Health and Environment Matters - Spring/Summer 2016

Following the outcome of a so-called Brexit referendum it is clear that a significant period of uncertainty will follow while this country works out its new trading arrangements with fellow European countries and the rest of...more

Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska...more

Advancing Chemical Safety – Maybe the Art of Compromise Isn’t Such a Bad Thing

President Obama signed a major reform of the Nation’s chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old...more

California Environmental Law & Policy Update - July 2016

Environmental and Policy Focus - Judge invalidates long-fought Delta management plan Sacramento Bee - Jun 24 - In a decision that could delay or complicate Governor Jerry Brown’s plan to build two huge...more

Top takeaways from North American Leaders' Summit and Canada-Mexico state visit

This past week the North American Leaders' Summit (NALS) was held in Ottawa, Canada, with US President Barack Obama, Mexican President Enrique Pena Nieto and Canadian Prime Minister Justin Trudeau. Prior to the summit,...more

Administration Signals Intent to Challenge Judicial Decision That Struck Down Fracking Rule as Unlawful

On June 24, the Obama Administration filed its notice of appeal to challenge last week’s federal court decision to strike down the newest regulation over hydraulic fracturing on federal and Indian lands by the Bureau of Land...more

U.S. Fish and Wildlife Service Increases Civil Penalties

The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s...more

Brexit’s Possible Impacts on the Environment and Environmental Regulations

The United Kingdom (UK) held a referendum on June 23, 2016 to determine whether it should leave the European Union (EU). With the highest turnout since the 1992 general election, about 52% of voters voted to leave the EU. The...more

NC Legislative Update - June 2016 #4

Last Week - It appears that House and Senate leadership will keep their word on adjourning before the 4th of July, with leadership of the two chambers apparently agreeing to a budget over the weekend. The Senate worked...more

Toxic Substances Control Act: Past, Present and Future

The Toxic Substances Control Act (TSCA) was enacted on October 11, 1976 to regulate certain chemical substances and mixtures being used in interstate commerce. 15 U.S.C. § 2601, et seq. TSCA delegated enforcement authority to...more

North Carolina Legislative Update

Budget negotiations continued behind closed doors this week, with Speaker Tim Moore and the President Pro Tempore of the Senate, Senator Phil Berger, working to resolve the final differences between the two chambers’ spending...more

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

Shanghai Set to Improve Air Quality Ahead of G20 Summit

In advance of the first ever G20 summit to be hosted in China this year, the Shanghai Environmental Protection Bureau issued a revised, short-term air quality plan to improve local air conditions ahead of the summit. China...more

Higher Fines Imposed for Environmental Offences

Powerday plc was issued a record fine in April this year for offences relating to operations involving over 17,000 tonnes of waste deposited and stored illegally. Powerday – one of the biggest waste-management companies in...more

La Lettre de l'Environnement de Reed Smith

"La Lettre de l'Environnement de Reed Smith" is a Reed Smith newsletter dedicated to publishing the latest news on French environmental law. France currently has nearly 500,000 institutions under legislation on...more

California Environmental Law & Policy Update - June 2016 #2

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

November Preview? Local bond & tax measures fared well in June

When a third of California’s registered voters turned up to vote this month, most of them got the chance to consider one of the 89 local bond and tax measures on their ballots. School construction bonds made up over half of...more

DOJ’s Increased Focus on Environmental Criminal Cases

Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing...more

Southern California Environmental Update #1

This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will...more

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