Permits

News & Analysis as of

RLUIPA Round-Up

Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more

New York Finalizes Updates to Regulation of Hazardous Air Pollutants

The New York State Department of Environmental Conservation (NYSDEC) recently finalized amendments to several regulations primarily concerning hazardous air pollutants. NYSDEC repealed and replaced 6 NYCRR Part 212, Process...more

Supreme Court Decides Reed v. Town of Gilbert

On June 18, 2015, the United States Supreme Court decided Reed v. Town of Gilbert, No. 13-502, holding that a municipal code subjecting signs to different regulations depending on whether the sign displayed an ideological...more

Texas Operator Pushes Back on Seismic Claims at Railroad Commission Hearing

Earlier this week, the Texas Railroad Commission held its first “show cause” hearing under the rule amendments adopted last October to address issues related to disposal wells located in potential high-risk seismic areas....more

New U.S. EPA Rule Changes The Scope of Federal Clean Water Act Jurisdiction

On May 27, 2015, the United States Environmental Protection Agency and the Army Corps of Engineers released a Final Rule defining “Waters of the United States” under the Clean Water Act (the “CWA”). The new definition...more

Transmission line for Canadian imports advances

A proposed high-voltage direct current transmission line designed to import Canadian power into the New England grid has received a favorable environmental recommendation from the U.S. Department of Energy. The New...more

WOTUS: No Closure Yet

In psychology, the term “closure” refers to humans’ desire for a firm answer to a question and general aversion to ambiguity. Nine years since Rapanos, after multiple attempts by the EPA and the Army Corps (“the agencies”)...more

Nothing but Nonsense in New EPA Rule on Emissions

In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more

EPA, Army Corps Redefine Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act...more

EPA and Corps Final Clean Water Rule’s Potential Impacts on Farming

The Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a final rule on May 27, 2015, that purports to clarify the definition of “waters of the United States” under the Clean Water Act...more

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

EPA and USACE Issue Clean Water Rule

Last week, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("USACE") released the final Clean Water Rule, which is intended to clarify regulatory confusion over which streams and wetlands...more

EPA’s New Water Rule: Clarification or Power Grab?

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corp of Engineers (Army Corp) just released the final rule providing guidance on which waters are considered “Navigable Waters of the United States” and thus...more

Revision Of Coal Mining Permit By Environmental Group Results In Attorney Fee Award

In Black Mesa v. Jewell, 2015 DJDAR 1050, the United States Court of Appeals for the Ninth Circuit concluded that an environmental group was entitled to an award of attorney fees arising out of their challenge to the Office...more

Minimizing Risk Under the Clean Water Act

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

Satanic Temple at it Again: Brookville Feels the Heat After County Commissioners Deny Temple Display and Display Commemorating the...

Spring flowers and the final week of argument in the Supreme Court’s 2015 term have all of us at RLUIPA Defense thinking spring. However, at least one controversy from the 2014 holiday season is back in bloom (reported on...more

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

Who Files The Most Permit Applications?

California Corporations Code Section 25113(d) requires the Commissioner of Business Oversight to prepare and publicize an annual report of the number of permits that it issues for the offer and sale of securities. The report...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

Strengthening of enforcement powers under the environmental permitting regime and tackling waste crime - what changes are...

The Department for Environment, Food & Rural Affairs ("Defra") and the Welsh Government are currently consulting on strengthening the powers of the regulators in respect of those facilities which operate under environmental...more

Hydraulic Fracturing Moratorium Lifted in North Carolina

Last week, North Carolina became the 34th state to allow hydraulic fracturing. Years in the making, new rules developed by the state’s Mining and Energy Commission after receiving over 200,000 public comments went into effect...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

The Pop-Up Regulatory Maze

Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common...more

City of Dallas Sues Synagogue and Property Owners Who Use Home for Religious Worship Services

The City of Dallas is suing Congregation Toras Chaim, Inc. (“CTC”), a small Jewish Orthodox synagogue that operates out of a private residential home, to enforce the City’s local code and require the synagogue to obtain a...more

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

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