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Environmental Zoning, Planning & Land Use

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

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

Grandfathered Facilities Must Register With Susquehanna River Basin Commission to Preserve Exempt Status

by Pepper Hamilton LLP on

The Susquehanna River Basin Commission (SRBC) is launching a registration program for grandfathered facilities, which are older facilities that began operating before applicable regulations became effective and that have...more

California hazardous waste facility permitting will get harder: cost… unknown

by DLA Piper on

Permitted California hazardous waste facilities (HWFs) take note: the California Department of Toxic Substances Control (DTSC), which regulates HWF activities, has proposed significant changes to the HWF permitting process....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

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019 - AB 746 Imposes Requirements for Water...

by Best Best & Krieger LLP on

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school...more

On the Surface, Everything Looks Good. But what dangers lurk below?

Routine Investigations – Whether they are a long-term tenant, buyer, developer or lender, prudent parties dealing with real estate conduct thorough due diligence of the property at issue, including obtaining a Phase I...more

Air Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas Alumina Refining Facility Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Almatis, Inc. (“AI”) entered into an October 9th Consent Administrative Order (“CAO”) addressing alleged air violations. See LIS No. 17-081. The CAO provides...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

Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)

The Houston Astros have an additional distinction besides its World Series win. The Astros Minute Maid Park is on the site of a former 38-acre Brownfield....more

Reminder of the Impacts of Air Pollution on Public Health

by Burr & Forman on

The issue of climate change has become the focus of air emission regulations and prompted deep division in the process. The last Presidential election brought the issue to the fore in the sense that those who are now...more

CT Creates New Brownfields Program, Adopts Brownfields Tax Credit

by Holland & Knight LLP on

Buried in an 881-page budget bill passed Thursday by the Connecticut General Assembly was a new program to support remediation and reuse of brownfields – properties long contaminated and underutilized – as well as new job...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

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...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

California’s Bullet Train Can’t Sidestep CEQA, Court Says

by Best Best & Krieger LLP on

As physical signs of California’s $64 billion railroad project come into focus across the State, a potential faceoff with the federal government regarding its jurisdiction over state environmental laws, at least with regard...more

Criminal Enforcement/Resource Conservation and Recovery Act: United States Department of Justice Announces Guilty Plea of Metal...

The United States Department of Justice (“DOJ”) announced in an October 18th news release that Phillip Michael Huddleston pleaded guilty to violating the Resource Conservation Recovery Act (“RCRA”). DOJ states alleges that...more

First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse

by Downey Brand LLP on

Since the 2004 decision in Bakersfield Citizens for Local Control v. City of Bakersfield, CEQA petitioners challenging development projects often assert that the lead agency has failed to adequately analyze urban decay...more

California Storm Water Bill Signed Into Law

California Senate Bill 231 (Hertzberg) (“SB 231”), signed into law by the Governor on October 6, 2017, is intended to provide local governments with increased flexibility when imposing or increasing property related fees and...more

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

The Little Hoover Commission Issues Report on Special Districts

by Best Best & Krieger LLP on

The Little Hoover Commission released its highly anticipated report entitled “Special Districts: Improving Oversight & Transparency” last week. This was the Commission’s first look at special districts since it last studied...more

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