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Energy & Utilities Environmental Zoning, Planning & Land Use

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

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

Arkansas Department of Environmental Quality Office of Air Quality Newsletter: Fall 2017 Edition

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality publishes a quarterly newsletter (“Newsletter). The Fall 2017 edition was recently published....more

Overflows/Wastewater Enforcement: Tennessee Department of Environment and Conservation and Dyersburg, Tennessee Enter into Consent...

The Tennessee Department of Environment and Conservation (“TDEC”) and the City of Dyersburg, Tennessee (“City”) entered into an October 9th Consent Agreement and Assessment (“CAA”) addressing alleged violations involving...more

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

by Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

Prompt Reporting is Key to the Upset Defense

by Williams Mullen on

Companies discharging industrial process wastewater often face challenging circumstances at their wastewater treatment facilities. Unexpected equipment malfunctions or system failures can lead to discharges that exceed...more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Army Corps of Engineers Floats Changes to Further Streamline Oil and Gas Pipeline Permitting

by Nossaman LLP on

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...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

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...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

LUPC Proposes New Rules Allowing Grid-Scale Solar Facilities

by Pierce Atwood LLP on

Responding to increasing interest in developing grid-scale solar farms in Maine’s unorganized territory, the Land Use Planning Commission (LUPC) yesterday proposed a rulemaking to allow development of grid-scale solar energy...more

Drinking Water/2018 Farm Bill: American Water Works Association Recommendations

A key United States Congressional endeavor in 2018 will be the reauthorization of the Farm Bill. The American Water Works Association (“AWWA”) noted in a November 8th news release its interest in ensuring that the Farm...more

Stormwater/Solar Photovoltaic Facilities: November 10th Blog Post Discusses Potential Issues

A November 10th blog post by Kennedy/Jenks Consultants discussed potential stormwater management issues associated with solar photovoltaic (“PV”) facilities. Their post discusses what they describe as: . . . the unique...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

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Wastewater Enforcement: Arkansas Department of Environmental Quality Issues Notice of Violation in Relation to Operation of Eureka...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a Notice of Violation (“NOV”) to VPG Partners II, LLC (“VPG”) in regards to alleged Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

PA Legislation Transfers “One Call” Enforcement Responsibilities to PUC

by Cozen O'Connor on

Pennsylvania Governor Tom Wolf recently signed Senate Bill 242 into law, a legislative initiative designed to make significant changes to Pennsylvania’s “One Call System,” a warning system for excavators that helps them avoid...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

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

Arkansas Water Provider Legislative Task Force: November 8th Meeting Scheduled

...The Task Force was created by Act 1056 during the 89th Arkansas General Assembly. The legislation declared a number of findings regarding the water utilities provision of water to state residents. Issues associated with...more

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

by Nossaman LLP on

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

Italy Energy Newsletter - Issue 22, 2017

by DLA Piper on

Novità Normative e Giurisprudenziali - in vigore Regione Basilicata - Recepimento dei criteri per il corretto inserimento nel paesaggio e sul territorio degli impianti da fonti di energia rinnovabili ai sensi del D.M. 10...more

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