Permits

Business News Digest – May 2013

In this issue: - Does the SEC Like Social Media? Understanding the Application of Regulation FD to Social Media - NIST Holds First Workshop on Executive Order Cybersecurity Framework - Jumpstart Our...more

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

by James Potter | Nexsen Pruet, PLLC on 5/16/2013

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

New Stormwater Fees in Maryland

by Matthew Kimball | Niles, Barton & Wilmer, LLP on 5/14/2013

During the 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which mandated that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

Courts To Rule On Wind Issues

by Bruce Goodman | Varnum LLP on 5/13/2013

Seventeen neighbors of the Consumers Energy Lake Wind Energy Park have filed a complaint in Mason County claiming the wind farm has negatively impacted property values and caused sleep disruption, headaches, ringing ears,...more

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

by James Potter | Nexsen Pruet, PLLC on 5/10/2013

The South Carolina Department of Health and Environmental Control (SCDHEC) has been delegated authority by the EPA to regulate stormwater discharges due to construction activities. An earlier 2006 General Permit is expiring...more

California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing [Video]

by LXBN on 5/9/2013

For more than a year, hydraulic fracturing has been one of the country’s biggest hot-button issues—both inside and out of the legal space. The cry from opponents of the practice, which uses pressurized liquid to extract...more

Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

by Jacob Arechiga, Steven Dimitt, Michael Knapek, Peter Wahl | Jackson Walker on 5/3/2013

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location...more

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

by Marc Bruner, Edgar Washburn | Perkins Coie on 5/1/2013

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

by Denise Pettijohn, Christopher "Kip" B. Power, Robert Stonestreet | Dinsmore & Shohl LLP on 4/29/2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

by Mary Lynn Coffee, George Mannina, Paul Weiland | Nossaman LLP on 4/26/2013

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Earth Matters - April 2013: New Water Withdrawal Permit Requirements

by Jennifer Dougherty, Morgan Graham | Phillips Lytle LLP on 4/24/2013

Effective April 12, 2013, there are new regulations in New York governing entities that withdraw, or have the capability to withdraw, 100,000 gallons (or more) of water per day....more

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

by Jill Richardson | Cole Schotz on 4/24/2013

The New Jersey Supreme Court recently held that the New Jersey Department of Environmental Protection (NJDEP) may not conduct a warrantless administrative inspection of a residential property subject to a Freshwater Wetlands...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

California Environmental Law and Policy Update - April 11, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/16/2013

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

The Alaska Constitution and Alaska Oil and Gas Projects

by Lisa Doehl | Davis Wright Tremaine LLP on 4/10/2013

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

California Environmental Law and Policy Update - April 8, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

by Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 4/9/2013

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

Texas Railroad Commission Amends Fracturing Fluid Recycling Rules to Encourage Water Conservation

by George Skupski | BakerHostetler on 4/5/2013

Under rules adopted by the Texas Railroad Commission (Commission) on March 26, 2013, effective April 15, 2013, Texas hydraulic fracturing operators may recycle fracturing fluids on their own leased or owned land used for...more

EPA Finalizes Vessel General Permit

by Monica Derbes Gibson, David Dickman, Megan Roberts-Satinsky, Margaret Strand | Venable LLP on 4/3/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel...more

EPA Issues 2013 Vessel General Permit

by Christine Jochim Boote, Barry Hartman, Stefanos Roulakis | K&L Gates LLP on 4/2/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

Work and Resident Permit Applications of Foreign Employees in China

by Sheppard Mullin Richter & Hampton LLP on 3/29/2013

The most important issue for foreigners working in China is to apply for work and resident permits with Chinese authorities. Compare with the procedures and documents required for foreigners who work for a foreign...more

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Paul Collins, Jaclyn Shoshana Levine | Miller Canfield on 3/28/2013

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

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Business News Digest – May 2013

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

New Stormwater Fees in Maryland

Courts To Rule On Wind Issues

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing [Video]

Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

Do We Really Have A Section 404 Permit?

Earth Matters - April 2013: New Water Withdrawal Permit Requirements

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

Supreme Court Willing to Reconsider Deference to Administrative Agencies

California Environmental Law and Policy Update - April 11, 2013

The Alaska Constitution and Alaska Oil and Gas Projects

California Environmental Law and Policy Update - April 8, 2013

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

Texas Railroad Commission Amends Fracturing Fluid Recycling Rules to Encourage Water Conservation

EPA Finalizes Vessel General Permit

EPA Issues 2013 Vessel General Permit

Work and Resident Permit Applications of Foreign Employees in China

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing [Video]

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