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Environmental Administrative Agency Energy & Utilities

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

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

Formaldehyde Rule: Sierra Club Files Federal District Court Lawsuit Challenging U.S. Environmental Protection Agency Compliance...

Earthjustice filed a lawsuit in the United States District Court for the Northern District of California on behalf of Sierra Club and A Community Voice – Louisiana (collectively “Sierra Club”) challenging a United States...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Wastewater Treatment Plant Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Westwood Village Sewer Facilities Board (“Board”) entered into an October 23rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water...more

Energy Newsletter - December 2017

by King & Spalding on

Environmental Citizen Suits—A Growing Trend Under the Trump Administration - In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the...more

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

Funding/Clean Air Act: National Association of Clean Air Agencies December 5th Recommendation to Senate and House Appropriations...

The National Association of Clean Air Agencies (“NACAA”) submitted a December 5th letter to the Chairmen and ranking members of the Senate and House Appropriations Committees in regards to the Omnibus Appropriation Bill for...more

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

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