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Environmental Elections & Politics

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

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Snell & Wilmer on

The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018. While discussions focused on...more

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...more

Congressional Review Act: Allan Gates (Mitchell Williams Law Firm) American College of Environmental Lawyers Blog Post

My law firm partner, Allan Gates, authored a December 7th post on the American College of Environmental Lawyers (“ACOEL”) blog titled: It Ain’t Over ‘til It’s Over - - The Congressional Review Act & the Search for Zombie...more

Year-End CEQA Legislative And Regulatory Roundup – December 2017

by Miller Starr Regalia on

As another year draws near its close, a number of notable recent CEQA developments in both the legislative and regulatory arenas have occurred that bear mention. SB 35 (Wiener), perhaps the “poster child” of the numerous...more

Senate’s Tax Bill’s Impact on the Tax Equity Market: Five Differences from the House Bill

The US tax reform bill that the Senate passed on December 2, 2017—along partisan lines in a 51 to 49 vote—is a mixed bag for the tax equity market. The bill is now headed to the conference committee, consisting of House of...more

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by Snell & Wilmer on

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining...more

Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program. H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and...more

Proposed “Comprehensive Update” to the State CEQA Guidelines Released - California Governor’s Office of Planning and Research...

by Best Best & Krieger LLP on

Following several years of public involvement, the Governor’s Office of Planning and Research has just issued comprehensive Proposed Updates to the CEQA Guidelines. In addition to proposing changes or additions to nearly 30...more

Currents - Energy Industry Insights - November 2017 #3

EPA Hosts Public Hearing in Charleston on Clean Power Plan - "Those who favored repeal cited coal jobs and economic concerns, saying they fear if the plan were implemented, it would negatively affect coal jobs and along...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Former Governor Pat Quinn Files to Run for Illinois Attorney General Open Seat- According to reports, former Illinois Governor Pat Quinn, a Democrat, has filed to run for Illinois AG in 2018. ...more

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

State Implementation Update for Revisions to Hazardous Waste Generator Rule

by Foley & Lardner LLP on

The U.S. Environmental Protection Agency (EPA) published revisions to hazardous waste generator regulations on November 28, 2016. These revisions went into effect at a federal level and for non-delegated states on May 30,...more

Postponement of commencement of new Biodiversity regime

by Dentons on

In advising our clients whose existing developments stood to be substantially adversely impacted by the new Biodiversity regime, Dentons provided strategies to minimise the potential impact of the regime on their already...more

States Continue to Enact Chemical Legislation in 2017

by Beveridge & Diamond PC on

State legislatures have been relatively active on chemical and material regulations in 2017. As previously reported here, at least 51 bills to regulate chemicals were introduced across the country’s state houses in 2017. ...more

Trump Track: EPA’S Sue and Settle Process – Justification or Rejection?

by Davis Wright Tremaine LLP on

As noted in this space, on October 16, 2017, EPA Administrator Scott Pruitt issued a memorandum announcing new policies to avoid what he considered inappropriate approaches to resolving litigation, commonly referred to by the...more

The Power of the Purse, and What That Potentially Means This Holiday Season

by Nossaman LLP on

Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

December 26, 2017, Deadline Approaching for Comments on EPA’s Proposed Reporting Requirements for TSCA Mercury Inventory

by Bergeson & Campbell, P.C. on

As previously reported in our blog item on October 26, 2017, the U.S. Environmental Protection Agency (EPA) proposed triennial electronic reporting requirements pertinent to the supply, use, and trade of mercury in the United...more

Environmental Notes - December 2017

by Williams Mullen on

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups...more

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...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

Sue and Settle is Gone: EPA Administrator Revises EPA Litigation Policy

by Williams Mullen on

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental...more

EPA Seeks Greater Autonomy for State Environmental Programs

by Williams Mullen on

EPA has released its strategic plan for fiscal years 2018 to 2022 describing its top goals and priorities. One goal is to provide states with greater autonomy in implementing federal environmental laws....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

A Comparison of the Energy Tax Changes in the Proposed House and Senate Tax Reform Bills

On November 9, 2017, the Senate Finance Committee released a Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act” and on November 14, 2017, the Senate Finance Committee released a Description of the Chairman’s...more

Connecticut Launches New and Incentivized Brownfields Program

by Beveridge & Diamond PC on

On October 31, Governor Dannel Malloy signed into law Connecticut’s bipartisan budget bill, which provides for a tax incentive plan to support brownfields remediation and reuse. The new plan, called the 7/7 Brownfields...more

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