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Energy & Utilities Administrative Agency Environmental

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Air Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Steel Tire Cord Manufacturing Facility...

The Arkansas Department of Environmental Quality and Tokusen U.S.A., Inc. (“TI”) entered into a November 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-099. The CAO...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

Arkansas Environmental Personnel Moves (Update): Former Arkansas Department of Environmental Quality Director Teresa Marks,...

Former Arkansas Department of Environmental Quality (“ADEQ”) Director Teresa Marks is now serving as Chief Deputy Director of the California Department of Pesticide Regulation (“DPR”). Ms. Marks was appointed to the...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

California Environmental Law and Policy Update - November 2017 #3

by Allen Matkins on

Focus - High-speed rail authority says environmental reviews won't be completed until 2020 - Los Angeles Times - Nov 15 The California High-Speed Rail Authority announced Tuesday evening that it would not meet its...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Pangburn, Arkansas Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Pangburn, Arkansas (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged Clean Water Act National Pollution Discharge...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Oswego, New York Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Figaro Holdings, LLC (“FH”) entered into a November 1st Expedited Settlement Agreement (“ESA”) addressing alleged violations of Subtitle I of the Resource...more

U.S. Environmental Protection Agency Science Advisory Board/Board of Scientific Counselors: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) announced in a November 3rd news release that its Chief Technical Officer, Dr. Robert Blanz, P.E., has been appointed to serve on two prestigious United States...more

California Environmental Law and Policy Update - November 2017

by Allen Matkins on

Focus - White House receives recommendations that could open national marine sanctuaries to oil drilling - San Jose Mercury News - Oct 27 Six months after President Donald Trump signed an executive order aimed at...more

California Environmental Law and Policy Update - October 2017 #3

by Allen Matkins on

Focus - Santa Clara Valley Water District rejects twin Delta tunnels plan, endorsing smaller version instead - San Jose Mercury News - Oct 17 - In a landmark vote closely watched across California, the Santa Clara Valley...more

Ending Collusion between EPA and Outside Groups

by Stoel Rives LLP on

EPA Administrator E. Scott Pruitt begins his October 16, 2017, directive on transparency and public participation in consent decrees and settlement agreements by stating, “EPA has previously sought to resolve lawsuits filed...more

EPA Opens Public Comment Period for Its Clean Power Plan “Repeal” Proposal

by Morrison & Foerster LLP on

On October 10, 2017, the Trump Administration took another step in its efforts to unwind U.S. climate change policy. The announcement presented little surprise and provided little substance as it provided limited additional...more

Does an Anti-Duplication Provision Bar a Resource Conservation and Recovery Act Action Against a City System Supplying Water?:...

A United States District Court (Eastern District of California) in a September 1st Order addressed a motion to dismiss a Resource Conservation and Recovery Act (“RCRA”) action brought by a non-profit organization against a...more

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

by Foley & Lardner LLP on

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to...more

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

On October 4, 2017, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau of Land Management’s notice that it was postponing certain compliance dates contained in the Obama BLM rule...more

The Fifth Circuit Restricts BSEE's Enforcement Authority Over Offshore Contractors in the Gulf of Mexico

On Wednesday, September 27, the US Court of Appeals for the Fifth Circuit issued an important decision in United States vs. Moss, No. 16-30561 that limits the authority of the federal government to bring enforcement actions...more

Challenge to NPDES Permit Conditions: Union County, Arkansas Chemical Manufacturing Facility Request for Adjudicatory Hearing...

El Dorado Chemical Company (“EDCC”) filed a September 27th Request for Adjudicatory Hearing before the Arkansas Pollution Control and Ecology Commission. The request addresses a Clean Water Act National Pollution Discharge...more

Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on...

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more

5 Things Reflected in the ITC’s Suniva Injury-Phase Vote and What Comes Next

by Stoel Rives LLP on

The U.S. International Trade Commission (ITC) voted unanimously on September 22, 2017, for an affirmative determination of injury to U.S. producers of crystalline silicon photovoltaic (CSPV) products, such as solar cells,...more

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