With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see...more
On January 27, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public informational meeting on February 17, 2022 regarding PHMSA’s plan for forthcoming audits of updated inspection and...more
Just as global leaders convened in Glasgow for COP26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a prepublication copy of its new rule (Final Rule) on November 2, 2021 that significantly expands...more
In April 2021, the Department of Energy (DOE) launched a 100-day initiative to strengthen cybersecurity protections in the energy sector. Just one month later, the Transportation Security Administration (TSA), an agency under...more
The U.S. Environmental Protection Agency (EPA) has announced its decision to retain the current National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5) and ozone (O3) under the Clean Air Act....more
The U.S. Environmental Protection Agency (EPA or Agency) issued final regulations governing cost-benefit analyses for Clean Air Act (CAA) rulemakings on December 23, 2020. The rule, titled “Increasing Consistency and...more
On December 23, the U.S. Environmental Protection Agency (EPA) published its annual civil monetary penalty adjustments in the Federal Register. The Federal Civil Penalties Inflation Adjustment Act of 2015 requires federal...more
On December 12, the United States Environmental Protection Agency (EPA or the Agency) issued draft guidance to clarify the application of the “functional equivalent” test created by the United States Supreme Court in County...more
12/10/2020
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
The Pipeline and Hazardous Materials Safety Administration (“PHMSA” or the “Agency”) published a Notice of Proposed Rulemaking (“NPRM” or the “Proposed Rule”) that provides increased flexibility to gas transmission pipelines...more
On July 1, 2020, New Jersey’s Governor Phil Murphy signed the Permit Extension Act of 2020 (“PEA 2020”) into law. The PEA 2020 tolls certain state and local permit approvals, including approvals of soil erosion and sediment...more
On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...more