On March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the...more
Our latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay....more
In this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more....more
As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL - Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) -...more
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more
Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court...more
As one would expect, the 110-page document released by the Biden campaign of policy recommendations reached by its joint task forces with supporters of Sen. Bernie Sanders includes a number of energy and environmental policy...more
The final NEPA rule substantially revises environmental review procedures and incorporates most of the perceived controversial changes proposed last January, including elimination of cumulative impact analysis, and shortening...more
Our latest look at the judiciary is focused mainly on the federal appeals system, with a side of regulatory development thrown in for good measure....more
Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more
Several interesting decisions have recently been made by federal and state courts. FEDERAL APPELLATE COURTS - The U.S. Seventh Circuit Court of Appeals – ARCO Shifts from State to Federal and No Vigor for VIM - On June 18,...more
Several interesting decisions were released by the U.S. Court of Appeals for the DC Circuit on June 16, 2020. Solenex LLC v. Bernhardt, Secretary of the Interior - This is an oil lease case involving land located in a region...more
Last week (June 1-7, 2020), the federal appellate courts released several important rulings. Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection - On June 3, 2020, the U.S. Court of Appeals...more
Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters.
Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more
6/5/2020
/ Clean Water Act ,
Construction Industry ,
Dakota Access Pipeline ,
Department of Justice (DOJ) ,
Keystone XL Pipeline ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Pipelines ,
SCOTUS ,
US Fish and Wildlife Service
The Fifth Circuit released three new decisions last Friday. On May 29, 2020. The US Court of Appeals for the Fifth Circuit released three opinions in environmental cases: Stratta, et al. v. Roe, Director of the Brazos Valley...more
Here are a few interesting new rulings from the federal appellate courts. COURT ORDERS - Like a Good Neighbor …? — State of Maryland v. EPA - On May 19, 2020, the D.C. Circuit decided a Clean Air Act case involving the use of...more
This is a brief account of some of the significant environment law developments that have occurred since the President’s March 13 national emergency declaration that the spread of COVID-19 poses a threat to national security....more
The rapid spread of the coronavirus has generated new interest in the regulation of medical waste.
The COVID-19 crisis is generating a significant amount of regulated medical waste....more
Pandemic-related work stoppages and delays are affecting both field and non-field work at Superfund sites.
COVID-19 is impacting Superfund site investigations and response activities.
...more
Environmental agencies are responding with updated compliance and enforcement policies.
Temporary environmental enforcement discretion and forbearance policies can provide relief for companies and individuals unable to...more
On February 24, 2020, the Supreme Court heard the oral arguments in the case of U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al....more
It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts. Flood Control and the Endangered Species Act. ...more
The Chairman of the House Energy and Commerce Committee has released a “discussion draft” of the committee’s climate bill. ...more
January has been a busy month for the Fifth Circuit, which has issued a number of significant rulings....more
The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more
1/15/2020
/ CEQ ,
Comment Period ,
Deregulation ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Infrastructure ,
NEPA ,
NPRM ,
Proposed Regulation ,
Public Hearing ,
Trump Administration