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Environmental Updates

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

Sustainable Development Update - March 2018 #3

by Allen Matkins on

Sustainable Development Focus - How residential and office developers are preparing for the realities of net zero - URBAN LAND - Mar 12 In 2017, California passed the first net-zero building code in the United States...more

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

Industry Coalition Sends Letter On Farm Bill To Congressional Agricultural Committee

by Bergeson & Campbell, P.C. on

On March 6, 2018, a coalition of over 200 companies and trade associations sent a letter to the Agricultural Committee leaders in the House and Senate urging the reauthorization of and stable mandatory funding for the energy...more

European Waste Legislation Supports Use Of Bioplastics

by Bergeson & Campbell, P.C. on

On February 23, 2018, European Union (EU) ambassadors reached provisional agreements on the waste legislative package published by the European Commission in 2015. The four legislative proposals include amendments to the:...more

NIFA Issues 2017 Annual Report

by Bergeson & Campbell, P.C. on

On February 27, 2018, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) published its 2017 Annual Report: User Inspired Science Transforming Lives. The report provides an overview...more

RFS Reform Bills Introduced In Congress

by Bergeson & Campbell, P.C. on

On March 8, 2018, Senator Tom Udall (D-NM) and Representative Peter Welch (D-VT) introduced companion legislation (S. 2519, H.R. 5212) in the U.S. Senate and U.S. House of Representatives, respectively, to reform the...more

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

by Beveridge & Diamond PC on

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation

by Miller Starr Regalia on

In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to...more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Arizona Attorney General Announces Settlement with Auto Manufacturer Over Alleged Ignition Switch Defects- Arizona AG Mark Brnovich reached a settlement with auto manufacturer General Motors LLC...more

California DFA Ordered to Suspend Chemical Activities

by Bergeson & Campbell, P.C. on

On February 22, 2018, the Superior Court of the State of California, County of Sacramento, issued a judgment granting petition for writ of mandate and declaratory and injunctive relief (Judgment) to suspend further chemical...more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...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

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Attention NSR Geeks #2: EPA Flips Position on “Project Netting”

by Stoel Rives LLP on

On March 13, 2018, EPA issued another new NSR interpretation. This one allows a source to take into account emissions decreases when performing the first step in determining NSR applicability, effectively rewriting the long...more

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Regulatory Challenges Posed by Emerging Contaminants

by WilmerHale on

Awareness of the presence of contaminants of emerging concern (a.k.a. emerging contaminants) in public and private water supplies around the country has become a considerable focus of public officials and the general public....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

Carbon Pricing Roundup: Recent Developments in the US and Abroad

by Beveridge & Diamond PC on

The first quarter of 2018 has been a busy one for efforts to put a price on greenhouse gas (GHG) emissions, both in the United States and abroad. In February, the European Union (EU) approved reforms to the EU Emissions...more

Ninth Circuit Discusses “Point Sources” Under The CWA

On Friday, March 9, the U.S. Court of Appeals for the Ninth Circuit issued another significant ruling in a Clean Water Act (CWA) Citizen Suit case. Affirming the District Court, the Ninth Circuit held “pipes, ditches, and...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

EPA Proposes Revisions to Rules for Disposal of Coal Combustion Residuals from Electric Utilities

by Beveridge & Diamond PC on

Today, EPA published a proposal to amend the regulations in 40 CFR Part 257, Subpart D, governing the disposal of coal combustion residuals (“CCR” or coal ash) in landfills and surface impoundments. The proposed rule is the...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

by Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Recent Changes Expected to Impact Environmental Enforcement

by Holland & Knight LLP on

• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

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