In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715...more
What was old is now new again as the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps) announced on September 3, 2021 a reversion to a pre-2015 definition of Waters of...more
The United States Army Corps of Engineers (Corps) has completed its rule-making and released a pre-publication version of its final rule reissuing and modifying 12 existing nationwide permits (NWPs) and issuing four new NWPs....more
1/14/2021
/ Construction Project ,
Energy Projects ,
Federal Register ,
Final Rules ,
Nationwide Permits (NWPs) ,
Pipelines ,
Public Utility ,
Rulemaking Process ,
Sewer Systems ,
Telecommunications ,
US Army Corps of Engineers ,
Water Projects
On Thursday, August 13, the EPA finalized new rules that rolled back Obama-era policies and standards that regulated methane emissions emanating from oil and gas facilities, including from well sites, compressor stations and...more
In a 6-3 decision on Thursday, the United States Supreme Court vacated and remanded the opinion of the Ninth Circuit Court of Appeals and found that the Clean Water Act (“CWA”) regulated discharges from point sources “if the...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The Federal District Court for Montana, in a ruling that could impact energy and development projects across the United States, ruled in favor of the pipeline opponents in a case concerning challenges to the Keystone XL...more
Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more
8/19/2019
/ Certification Requirements ,
Clean Water Act ,
Comment Period ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Proposed Rules ,
Public Comment ,
Regulatory Oversight ,
Scope of Review ,
Section 401 ,
Water Quality
As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more
3/2/2018
/ Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Developers ,
New Rules ,
Public Comment ,
Regulatory Agenda ,
Repeal ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more
12/6/2017
/ Air Pollution ,
Air Quality Standards ,
Department of Environmental Protection ,
Energy Sector ,
General Permit ,
Natural Gas ,
Oil & Gas ,
Oil Wells ,
Public Meetings ,
Recordkeeping Requirements ,
Reporting Requirements