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Environmental Updates

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

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

Sustainable Development Update - December 2017

by Allen Matkins on

Sustainable Development Focus - Zero-net energy buildings market to reach $78.8 billion by 2025 - Proud Green Building - Nov 30 Come 2025, the global net-zero energy buildings market will have climbed to approximately...more

The Weather Outside Will Be Frightful

by Zelle LLP on

Break out the snow shovels! Meteorologists predict above average snowfall in the Northeast this winter and especially bitter cold in the Northern states. According to forecasters, that shakes out to least 6 inches more snow...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Energy Hot Topics at DLA Piper Africa Week (27 November - 1 December)

by DLA Piper on

The energy sector is a key driver of growth and development for the entire African continent. Energy infrastructure and investment is necessary in order to improve quality of life for people across the continent and to...more

EPA Issues Final 2018 RFS Requirements

by Bergeson & Campbell, P.C. on

On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued its final 2018 volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, biomass-based diesel, advanced biofuel,...more

NREL Researchers Optimize Microbial Pathway To Biobased Fuels And Chemicals

by Bergeson & Campbell, P.C. on

On November 29, 2017, the U.S. Department of Energy (DOE) announced that a collaboration between the National Renewable Energy Laboratory (NREL) and Oak Ridge National Laboratory (ORNL) resulted in the successful modification...more

Neste Recognized For Campaign Demonstrating Circular Economy

by Bergeson & Campbell, P.C. on

On December 1, 2017, Neste, a member of BRAG, announced that its Ham Trick (Kinkkutemppu in Finnish) campaign was awarded two prestigious marketing and communications competitions. The Ham Trick, which is a campaign in which...more

Ontario Issues Proposed Amendments In Support Of Biofuels

by Bergeson & Campbell, P.C. on

On November 29, 2017, the Ontario Ministry of the Environment and Climate Change (Ministry) issued proposed amendments to the Ethanol in Gasoline regulation (O. Reg. 535/05) and the Greener Diesel -- Renewable Fuel Content...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

Sweden Announces Product Registration Requirement for Nanomaterials

by Bergeson & Campbell, P.C. on

On December 5, 2017, the Swedish Chemicals Agency (KEMI) announced that it has amended the information requirements for the products register to require notifiers to provide information on nanomaterials contained in chemical...more

EPA Declines To Issue CERCLA Financial Responsibility Rules For Hardrock Mining Industry But Leaves Open What It Might Do For...

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more

Is the Fate Of The Venting And Flaring Rule Up In The Air? Only Time Will Tell…

by Fox Rothschild LLP on

The Bureau of Land Management (“BLM”) announced today that it has temporarily postponed certain requirements contained in its 2016 final Waste Prevention Rule (also known as the Venting and Flaring Rule) for 1 year, until...more

Attacking Invasive Species Requires Serious Measures — A Judicial Opinion with Beatles Annotations

Everyone knows what a problem invasive species can be. Difficult problems require difficult solutions. In a recent case decided by the 1st Circuit Court of Appeals, the scope of the government’s authority to address one...more

112(r)(7) Air Enforcement: U.S. Environmental Protection Agency and Knoxville, Tennessee Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Republic Plastics, L.P., K-1 Facility (“RP”) entered into a November 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7)...more

rPET Recycling: Closed Loop Partners Study Addressing System Interventions to Improve Cost Structure

The Association of Plastic Recyclers noted a study undertaken by Closed Loop Partners that addresses recycling system interventions that could reduce the cost of processing post-consumer PET compared to producing virgin...more

Arkansas Department of Environmental Quality/Shelby County Health Department Memorandum of Agreement: Crittenden County...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shelby County Health Department-Air Pollution Control Program (“SCHD”) entered into a Memorandum of Agreement (“MOA”) titled: AIR QUALITY MONITORING FOR...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

Trade & Manufacturing - News of Note - December 2017

by King & Spalding on

Canada Requests WTO Consultations And Files Notice Of Intent To Seek NAFTA Chapter 19 Binational Panel Review In Softwood Lumber Case - Canada has taken steps to pursue parallel WTO and NAFTA actions to challenge the U.S....more

Pa. DEP Sets Early 2018 for Final Methane General Permits for Oil and Gas Drillers

As part of Governor Wolf’s strategy to reduce methane emissions from oil and gas sites, the Pennsylvania Department of Environmental Protection published draft final permit revisions for the new GP-5A, GP-5 and Exemption 38....more

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility

by Kelley Drye & Warren LLP on

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more

UBA Report Summarizes Work to Develop New OECD Test Guideline on Dispersion Stability of Nanomaterials

by Bergeson & Campbell, P.C. on

In December 2017, Germany’s Federal Environment Agency (UBA) published a report entitled Clarification of methodical questions regarding the investigation of nanomaterials in the environment: Development of a decision...more

Environmental Protection Agency Will Not Pursue Financial Assurance Rule for Hardrock Mining

by WilmerHale on

On December 1, the Environmental Protection Agency (EPA) announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the extraction, beneficiation, and processing of metals...more

Polyfluoroalkyl Substances: U.S. Environmental Protection Agency Announces Cross-Agency Effort to Address PFAS

The United States Environmental Protection Agency (“EPA”) issued a December 4th news release stating that it is initiating a “cross-agency effort” to address per and polyfluoroalkyl Substances (“PFAS”). The announcement...more

Arkansas Nutrient Water Quality Trading Advisory Panel: December 14th Conference Call Scheduled

The Arkansas Department of Environmental Quality (“ADEQ”) announced that the Arkansas Nutrient Water Quality Trading Advisory Panel (“Panel”) will hold a telephone conference at 1:30 p.m. on December 14th. ADEQ states the...more

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