As the Commonwealth of Massachusetts awaits Gov. Charlie Baker's decision whether to sign the revised landmark climate bill on his desk, the investigation by the Massachusetts Department of Public Utilities (DPU) (Docket DPU...more
On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more
The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more
The environmental organization Earthjustice filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Environmental...more
The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more
Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more
On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail. Supporters of the...more
In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
Audubon Arkansas has announced that the 3rd Annual Environmental Policy Summit (“Summit”) will be held on October 26th. The Summit partners also include Arkansas Public Policy Panel and Sierra Club of Arkansas....more
Operating conditions during periods of startup, shutdown, and malfunction (SSM) are not normal and often result in unrepresentative emissions that exceed permitted limitations. Originally published in The Natural Gas &...more
Louisiana has denied a permit to an energy company seeking to use water from a state-designated scenic river for its drilling operations. The decision represents the first time in Louisiana’s history that a permit to draw...more
On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review...more
On January 22, 2013, in Sierra Club v. EPA, the US Court of Appeals for the District of Columbia issued an opinion that addressed some Prevention of Significant Deterioration (PSD) permitting program issues. Following this...more
Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more
National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more
In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more
Last Friday, EPA lost another NSR enforcement case. Not only that, but this was a case EPA had previously won. As we noted last August, Chief Judge Philip Simon of the Northern District of Indiana, had previously ruled that...more
Last month, the 9th U.S. Circuit Court of Appeals declined to re-hear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could be a major hurdle for plaintiffs in...more
We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more