Permits

News & Analysis as of

Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,...more

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent...more

Global Private Equity Newsletter - Winter 2017 Edition: President Trump: The Outlook for Private Equity

All eyes are on Washington—or should we say Manhattan—these days, searching for clues about where our ship is heading with U.S. President-elect Donald Trump at the helm. Recently, there have been cabinet appointments to...more

Pa.L.C.B. Releases Summary of Act 166 of 2016

On December 22, 2016, the Pa.L.C.B. released a summary of Act 166 of 2016, which will become effective on January 17, 2017. The summary outlines the many changes to the Pennsylvania Liquor Code brought on by Act 166. We...more

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

New Executive Order on Zika Virus Extends Tolling Period Available for Certain Development Permits and Approvals

On June 23, 2016 Governor Scott issued Executive Order 16-149 declaring a state of emergency in certain Florida counties due to the threat posed by the Zika virus. That state of emergency was extended in August and October...more

Off Premises Catering Permits Updated Under Act 39

It is that time of year to apply for your Off Premises Catering Permit. Applications for these permits, which allow licensees to cater off their licensed premises and serve alcohol, are submitted through the PLCB+ online...more

EPA Publishes Final Rule for Small MS4 General Discharge Permits

The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

Holiday Blues for Massachusetts and Rhode Island Employers

Seyfarth Synopsis: When Christmas and New Year’s Day fall on a Sunday, as they do this year, the holidays are legally observed on the following Monday in Massachusetts and Rhode Island. Employers in these states therefore...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

New Executive Order for Hurricane Matthew Adds to Tolling Period for Certain Development Approval Extensions

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a 60-day state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. On December 1, 2016, the Governor...more

Maine DEP's New Multi-Sector General Permit

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

Tennessee Health Services and Facilities Report: November 2016 Newsletter

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the...more

Update on Permit Extensions Under Toxic Algae Bloom Emergency Declaration

Section 252.363, Florida Statutes, provides a right to extend the duration of certain state and local permits when the Governor has declared a state of emergency. On June 29 and June 30, 2016, the Governor declared a state of...more

Extend Development Orders and Building Permits for Almost One Year Due to Zika State of Emergency Extension - Interested parties...

Governor Scott, for the second time, has extended the State of Emergency issued for the Zika Virus. As a result, holders of development orders and building permits have another opportunity to claim a longer extension. The...more

Has Pennsylvania’s New Liquor Legislation Made Brew Pub Licenses Obsolete?

Until recently, Pennsylvania breweries have been able to open up a world of possibilities by obtaining a GP-license to operate a brew pub at their brewery premises. The new legislation, however, has changed the situation. ...more

Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown...

Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland granted a...more

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect. The IIP is a voluntary, pre-application process intended to streamline and...more

Adding micro-hydro to licensed hydropower project

What happens when a FERC hydropower licensee applies for a preliminary permit to study the feasibility of developing a micro-hydro project, where the new project will be sited at an existing project's dam? In a recent case...more

Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to...more

Cities and Counties Can Regulate Billboards in Unincorporated Areas

Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more

EPA Issues Final 2016 NPDES Pesticide General Permit

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

EPA Announces Timeline for VGP 3.0

The Environmental Protection Agency’s (EPA) primary method of regulating ballast water and other discharges is the Vessel General Permit (VGP). Under its Clean Water Act authority, the EPA established the VGP to impose...more

The Dispute Between Governor John Bel Edwards and Attorney General Jeff Landry Over the Appointment of Private Legal Counsel...

On September 30, 2016, Governor John Bel Edwards sued Attorney General Jeff Landry to compel him to approve several contracts between the Governor’s office and private legal counsel. In his Petition, the Governor alleged...more

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