Permits

News & Analysis as of

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

Building Confidence: Consult an Attorney Before Starting the Construction Process

With high-end residential construction again on the rise in Southwest Florida, owners, contractors, subcontractors, design professionals and others should be proactive and mindful of the various statutory requirements and...more

The D.C. Circuit Rejects Challenge to EPA’s Final Guidance on CWA Coal Mining Permits: EPA Action Has to Be Really, Really, Final...

On Friday, the D.C. Circuit reversed Judge Reggie Walton’s decision from 2012 and affirmed EPA’s authority to adopt the “Enhanced Coordination Process” governing coordination with the Army Corps of Engineers in the processing...more

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district...more

California Environmental Law and Policy Update

Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more

U.S. Fish and Wildlife Service Announces First Eagle Take Permit for Wind Farm

On June 27, 2014, the U.S. Fish and Wildlife Service (Service) announced the availability of a special take permit for golden eagles for the Shiloh IV Wind Project in Solano County, California, 60 miles east of San Francisco....more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

EPA Appears to Have Green Light to Develop Regulations on Utility Power Plant Greenhouse Gas Emissions

Efforts by the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions just cleared a significant hurdle through a recent U.S. Supreme Court decision, which appears to give the agency a green light to...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more

Supreme Court rejects premise for GHG Tailoring Rule, but largely maintains EPA’s authority to set GHG emission limits

In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified stationary sources that are required to obtain...more

Supreme Court Upholds EPA's Power to Regulate Greenhouse Gas Emissions From Large Stationary Sources – But Scolds EPA For...

On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

Highlights of the UARG v. EPA Decision

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

83% of a Loaf Is Better Than None: The Supreme Court Affirms EPA’s Authority to Regulate “Anyway Sources”, But Rejects Regulation...

The Supreme Court affirmed EPA’s authority to subject 83% of greenhouse gas emissions to its PSD and Title V Operating Permit programs. However, EPA’s rationale for the rule did not fare so well, and EPA does not have...more

Supreme Court Strikes Tailoring Rule But Affirms GHG Regulations Of “Anyway” Sources

On June 23, 2014, the U.S. Supreme Court issued its opinion for Utility Air Regulatory Group v. Environmental Protection Agency (UARG v. EPA). In this ruling, the Court found that the potential of stationary sources to emit...more

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

Supreme Court Overturns EPA’s “Tailoring Rule,” Upholds GHG BACT for “Anyway” Sources

On June 23, the U.S. Supreme Court issued its much anticipated opinion in Utility Air Regulatory Group v. EPA, involving whether the EPA properly decided it was required to regulate sources of greenhouse gases (“GHGs”) under...more

Supreme Court Rolls Back EPA's Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s...more

Real Estate and Land Use - June 2014

Bowman v. California Coastal Commission - Why it matters: The Court in Bowman held that a permit condition could not be modified or deleted by a second permit that included the same project, even if the first permit...more

Additional Environmental and Host Municipality Guidance on the New York RFA Process

Revised guidance on the SEQRA process - 24-month time limit to begin upon conclusion of SEQRA review. SEQRA, or the State Environmental Quality Review Act, is a New York law mandating that projects receiving...more

Recent Projects Indicate Oppertunities for Redevelopment of Brownfields

Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. ...more

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