Permits

News & Analysis as of

District of Columbia Proposes Much Anticipated Synthetic Minor Air Permitting Regulations

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed...more

TTB Licenses and Regulations: How a Craft Brewery Lawyer Can Help

Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a...more

Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the...more

Key Issues for Due Diligence of Government Contracts – Part II

In a recent blog post, I highlighted key issues to be analyzed when performing due diligence on a target company that performs government contracts. In addition to the review of government contracts, comprehensive due...more

New Executive Order for Hurricane Matthew Further Extends Tolling Period for Certain Permits and Approvals

Executive Order (EO) 17-16, issued by Governor Scott on January 26, 2017, provides a second 60-day extension of the state of emergency declared for Hurricane Matthew. The original 60-day emergency declaration (EO 16-230),...more

Planning to attend Bottlerock 2017?

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend....more

EPA Wins Another Round In PSD Litigation: More Evidence that the Program Is Flawed.

Last Monday, in a comprehensive, 189-page opinion, Judge Rodney Sippel ruled that Ameren Missouri had violated EPA’s PSD regulations by failing to get permits for upgrades in 2007 and 2010 at its Rush Island facility. As I...more

New Draft Guidance Issued On Marine District Permits

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

Discharge Permits Not Required to Transfer Water: Court Upholds EPA Rule

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling confirming the legality of the Environmental Protection Agency’s (“EPA’s”) Water Transfers Rule in Catskill Mountains Chapter of Trout...more

Second Circuit Upholds EPA’s Water Transfers Rule

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909,...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Stop the Presses: NPDES Permitees Must Comply With Their Permits

Earlier this month, the 4th Circuit Court of Appeals concluded that NPDES permit holders must comply with all of the terms of their permits. I’m not sure why this should be earthshattering news, but the case does have some...more

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

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