Permits

News & Analysis as of

Liquor Control Board Weighs in on Alcohol Law Changes in Pennsylvania

Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more

(TAP)ping into the NJ Craft Brewery Market

One of the most challenging circumstances our clients face is having spent hundreds of thousands of dollars finding a suitable building for brewing and fitting out their new space, and the start of operating costs, meanwhile...more

Three Strikes and Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal of Approval of Mountaintop Removal Disposal Sites

In 2013, the D.C. Circuit affirmed EPA’s authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit. In 2014, the District Court rejected Mingo Logan’s...more

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

FERC Meeting Agenda Summary - July 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 21, 2016 meeting, pursuant to the agenda as issued on July 14, 2016. Agenda items E-6, E-19, E-21 and E-22 have not been...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

DC Court Confirms EPA May Reverse Its Position On Permit Issuance

In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more

Court Holds that Stale Permits May Automatically Terminate if Permitting Laws are Not Faithfully Followed

On July 7, the U.S. District Court for Alaska decided the case of Castle Mountain Coalition, et al., v. Office of Surface Mining Reclamation and Enforcement, alaskaholding that a mining permit issued under the Surface Mining...more

Maine tidal project preliminary permit issued

A tidal energy developer has been granted a preliminary permit to study a proposed project in Western Passage, near the city of Eastport, Maine. Under the Federal Power Act, most grid-connected tidal power projects...more

Permit Extensions Available in South Florida Counties due to 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. A state of emergency was recently declared in Martin, St....more

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

State Water Board Issues New Proposed Permitting Procedures for Dredge and Fill to Waters of the State

On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The...more

Development Approval Extensions Available

Governor Scott has recently issued two emergency declarations applicable to specific Florida Counties, providing opportunities for extending certain development approvals and permits within those areas. Section 252.363,...more

Comments Due August 15 on EPA Proposal to Remove Emergency Defense from Title V Operating Permit Regulations

On June 14, 2016, EPA proposed to remove the affirmative defense for emergency conditions from the Title V operating permit program regulations. Comments on this proposed rule are due by August 15, 2016. The Title V...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

Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc. that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water...more

Court Enjoins Wolf Releases in New Mexico

The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and...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

Proposed New North Carolina Law Would Modify Annual Permit Registration Fees for Beer and Wine

North Carolina Senate Bill 833 proposes to reduce the annual registration fees paid by persons holding malt beverage, fortified wine, and unfortified wine permits in North Carolina. Currently, these beer and wine permit...more

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

Christmas Comes Early for the Pennsylvania Liquor Industry: Governor Wolf Signs Liquor Modernization Bill into Law

Christmas has come early in 2016 for the Pennsylvania wine, liquor and malt or brewed beverage industry: on June 8, Governor Tom Wolf signed House Bill 1690 in law. While the bill does not provide for the privatization of the...more

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

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