News & Analysis as of

Permits

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

ArentFox Schiff

Investigations Newsletter: Federal Court Permits Investors to Resume Kickback Suit Against Teva

ArentFox Schiff on

Federal Court Permits Investors to Resume Kickback Suit Against Teva - After a two-year long stay, on August 30, Judge Karen S. Marston of the US District Court for the Eastern District of Pennsylvania ruled that investors...more

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

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

Mintz

Winning by losing. The strategy of the NIMBYs and others trying to thwart wind energy.

Mintz on

3 1 8 Allie Reed of Bloomberg Law has published a thought-provoking piece on the effect of legal challenges to offshore wind projects and the Justice Department's and developers' responses to those challenges. Some of...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Houston, Texas Refinery

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

Foley Hoag LLP - Energy & Climate Counsel

On the Front Burner: Energy Permitting Reform

Energy permitting reform is one of the hottest topics in Congress and state houses nationwide. Federal legislation is building momentum, while parallel efforts at streamlining energy approvals have also emerged at the state...more

Goldberg Segalla

For the First Time in Four Decades, EPA Uses Emergency Suspension Power on a Pesticide

Goldberg Segalla on

On August 6, the Environmental Protection Agency issued an Emergency Order directing the suspension of all registrations issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide products...more

Snell & Wilmer

Overview of Idaho Liens of Mechanics and Materialmen

Snell & Wilmer on

Idaho Code Title 45, Chapter 5 sets forth Idaho law applicable to liens of mechanics and materialmen. The statute and common law application of the provisions demonstrate Idaho’s public policy favoring the protection of...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged...more

Pierce Atwood LLP

In Massachusetts, Your In-Law Apartment No Longer Makes You An Outlaw

Pierce Atwood LLP on

As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024....more

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

Title V Operating Permit/Rio Arriba County, New Mexico Compressor Station: U.S. EPA Environmental Appeals Board Petition Filed

Harvest Four Corners, LLC (“Harvest”) filed a July 29th Petition for Review (“Petition”) before the United States Environmental Protection Agency’s (“EPA”) Environmental Appeals Board (“EAB”) addressing a Clean Air Act Title...more

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

Water Well Drillers' Act Enforcement: Missouri Department of Natural Resources Proposed Order Addressing Leopold Company

The Missouri Department of Natural Resources (“MDNR”) issued an Order of Suspension of Permit (“Order”) to Welker Pump Service (“Welker”). See Order No. WIS-2024-006. The Order provides that Welker is the responsible...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

Ervin Cohen & Jessup LLP

LA Al Fresco Deadline Extended

On Tuesday, July 30, 2024, Los Angeles Mayor Karen Bass announced that the deadline for restaurant owners to apply for the city’s permanent Al Fresco program has been extended to December 31, 2024. This means that any...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

Womble Bond Dickinson on

The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Nossaman LLP

[Webinar] Recent Updates to Federal Environmental and Natural Resource Regulations - August 28th, 12:00 pm - 1:30 pm PT

Nossaman LLP on

Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

Morgan Lewis

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

Morgan Lewis on

The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Greenbriar Rock...

Part III Section D, Condition 10 of the RGI NPDES permit requires the submission of a complete permit renewal application at least 180 days prior to the expiration date of the permit if the activity regulated by the permit is...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Jefferson Parish, Louisiana...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 25th Order denying a petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the CF Industries...more

Williams Mullen

North Carolina ABC Omnibus Bill 2024 Becomes Law

Williams Mullen on

The North Carolina General Assembly passed the ABC Omnibus bill, Senate Bill 527, and it was signed into law by Governor Cooper on Monday, July 8, 2024. Most of the provisions of the bill go into effect immediately. The bill...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis Connectors/Clamps Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and Connectors Castings, Inc. (“CCI”) entered into a June 13th Administrative Order on Consent (“Order”) addressing alleged violation of the Missouri Air Regulations. See...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Secretary's Order Addressing Sherwood Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit....more

Flaster Greenberg PC

If I Were Energy King For A Day

Flaster Greenberg PC on

During recent Senate hearings pertaining to energy and appointment made by the Biden administration to the United States Department of Energy, some of the most interesting questions have been asked by Senator John Kennedy of...more

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

Saul Ewing LLP on

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more

Bowditch & Dewey

Abutter’s Diminution in Property Value Argument Found Insufficient to Confer Standing to Challenge Special Permit for Research and...

Bowditch & Dewey on

In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, 104 Mass. App. Ct. 250 (2024), the Court of Appeals confirmed the longstanding holding that “diminution in property value is an insufficient basis for standing...more

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