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Administrative Agency Environmental Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Air Quality/Arkansas Fire Policy Forum: March 29th-30th – North Little Rock, Arkansas

The Arkansas Department of Environmental Quality (“ADEQ”) and Arkansas Forestry Commission are holding on March 29th-30th in North Little Rock, Arkansas, The Arkansas Fire Policy Forum (“Forum”). The Forum is sponsored by...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Brownfields: U.S. Environmental Protection Agency March 15th Federal Register Notice Regarding Supplemental Funding/Revolving Loan...

The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization...more

Corps of Engineers to Streamline Section 408 Permitting Process

by Holland & Hart LLP on

In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more

New Source Review/Clean Air Act: March 13th U.S. Environmental Protection Agency Memorandum Addressing Project Emissions...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 13th guidance memorandum titled: Project Emissions Accounting Under the New Source Review Preconstruction Permitting...more

Oil and Natural Gas Sector/Clean Air Act New Source Performance Standards: U.S. Environmental Protection Agency Final Rule...

The United States Environmental Protection Agency (“EPA”) in a March 12 Federal Register notice promulgated a final rule which encompassed revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for the oil...more

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

Air Enforcement: U.S. Environmental Protection Agency and Romulus, Michigan Hot Mix Asphalt Plant Operator Enter into Consent...

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The United States Environmental Protection Agency (“EPA”) and Ajax Materials Corporation...more

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

California Environmental Law & Policy Update - March 2018

by Allen Matkins on

Focus - U.S. Supreme Court lets stand EPA's permit exemption for water transfers - Reuters - Feb 26 The U.S. Supreme Court on Monday unanimously declined to review a challenge led by states and environmental groups to a...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

by Steptoe & Johnson PLLC on

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

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

by Sullivan & Worcester on

OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Intervenors' Scope of Participation in Arkansas Pollution Control and Ecology...

As noted in a previous blog post (see previous post here) the Ozark Society, Inc., and three individuals (“Intervenors”) filed a Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc., (“C&H”) Request...more

Hazardous Waste Enforcement: United States Environmental Protection Agency and Henry, Virginia Paint Manufacturer/Solvent Blender...

The United States Environmental Protection Agency (“EPA”) and Blue Ridge Solvents & Coatings, Inc. (“Blue Ridge”) entered into a February 9th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Ozark Society, Inc. Intervention in Arkansas Pollution Control and Ecology...

The Ozark Society, Inc. and three individuals filed a January 26th Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc. (“C&H”) Request for Adjudicatory Hearing and Commission Review...more

The maturation of the duty to consult: Top ten developments of 2017 in Canadian Aboriginal law

by Dentons on

2017 in Canadian Aboriginal law proved to be a watershed moment for the Crown’s duty to consult, with the confluence of a number of high-profile appellate decisions—including a new trilogy of consultation cases from the...more

Trump Administration Seeks to Scale Back Environmental Requirements for Infrastructure Projects

by White & Case LLP on

The Trump Administration is proposing to revise federal environmental requirements and procedures in order to streamline the permitting and approval processes for infrastructure projects....more

Draft 408 Guidance imminent; USACE Webinars Scheduled

by Downey Brand LLP on

Happy New Year!!!!!! Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

by Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Natural Resources Agency Launches CEQA Guidelines Rulemaking

The Natural Resources Agency has initiated formal rulemaking for a comprehensive update to the California Environmental Quality Act Guidelines. The proposed CEQA Guidelines amendments are the most comprehensive update...more

The Dusky Gopher Frog is Heading to the United States Supreme Court

by Liskow & Lewis on

In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”)...more

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