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Administrative Agency Environmental

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

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

Fourth District Rejects CEQA Challenge To MND For Small Rural High School Project Based On Challenger’s Failure To Exhaust...

by Miller Starr Regalia on

In a lengthy opinion filed December 20, 2017, and belatedly ordered published on January 8, 2018, the Fourth District Court of Appeal, Division 1, affirmed the trial court’s judgment denying a writ petition asserting CEQA and...more

Arkansas Pollution Control and Ecology Commission Administrative Law Judge Recommended Decision: Alleged Cotton Plant, Arkansas...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a December 21st Recommended Decision addressing alleged violations by Tristate Contracting of Brinkley,...more

Clean Sweep for City of San Diego in Challenge to Approval of Private School

by Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

Air Enforcement: U.S. Environmental Protection Agency and Haverhill, Massachusetts School Bus Facility Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Coppola Bus, Inc. (“CBI”) entered into a December 12th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Massachusetts Air...more

California Environmental Law & Policy Update - January 2018

by Allen Matkins on

Focus - Trump administration moves to expand oil and gas drilling off U.S. coasts - Los Angeles Times - Jan 4 The Trump administration, inviting a political backlash from coastal state leaders, on Thursday proposed to...more

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

Does EPA Have a Non-discretionary Duty To Make a Statute Work?

If this Administration’s first year has taught us anything, it is that determining when EPA has an affirmative duty to act is going to be very important over the remaining 3 (or 7!) years of the Trump presidency. That was...more

User Fees for the Electronic Hazardous Waste Manifest System: January 3rd U.S. Environmental Protection Agency Federal Register...

The United States Environmental Protection Agency (“EPA”) published a final rule in the January 3rd Federal Register establishing the methodology it will utilize to determine and revise the user fees applicable to the...more

DC Court of Appeals Issues Two Significant Administrative Law Decisions Regarding Whether APA Applies Or Not

In late December 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued two significant administrative law decisions in the cases of Safari Club Int’l and Nat’l Rifle Assoc. of Am. v. Zinke (decided...more

California Environmental Law & Policy Update - December 2017 #5

by Allen Matkins on

Focus - U.S. EPA officials are leaving in droves - The New York Times - Dec 22 More than 700 employees have left the U.S. Environmental Protection Agency (EPA) since President Trump took office, a wave of departures...more

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

National Study of Nutrient Removal and Secondary Technologies/Publicly Owned Treatment Works Screener Questionnaire: U.S....

The United States Environmental Protection Agency (“EPA”) issued a December 29th Federal Register notice of an Information Collection Request (“ICR”). See 82 Fed. Reg. 61756....more

Toxics Release Inventory/Community Right-To-Know: U.S. Environmental Protection Agency Final Rule Adopting 2017 North American...

The United States Environmental Protection Agency (“EPA”) issued a December 26th Federal Register notice adopting a final rule addressing Section 313 of the Emergency Plan and Community Right-To-Know Act (“EPCRA”) Toxics...more

Lead Based Paint Enforcement: U.S. Environmental Protection Agency and Missouri Company Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and R S Dearing Construction (“RSDC”) entered into a December 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Toxic Substance...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Transportation Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more

Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public:...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more

Shareholder Activism on Climate Is Only Going to Increase

While EPA continues to go backwards on climate, evidence continues to mount that investors are only going to get more aggressive. There were two developments worth noting this month. First, Bloomberg Markets reported that...more

California Environmental Law & Policy Update - December 2017 #4

by Allen Matkins on

Focus - Trump administration halts study of offshore oil inspections - ABC News - Dec 21 The Trump administration has halted an independent scientific study of offshore oil inspections by the Bureau of Safety and...more

Arkansas State Implementation Plan Revisions/Volatile Organic Compounds: U.S. Environmental Protection Agency Public Notices...

The United States Environmental Protection Agency (“EPA”) published a December 21st Federal Register Notice approving a revision to the Arkansas State Implementation Plan which updates the definition of Volatile Organic...more

Lead and Copper Rule/Drinking Water: December 14th U.S. Environmental Protection Agency Letter Seeking Input on Potential...

The United States Environmental Protection Agency (“EPA”) Office of Water is circulating a December 14th letter to stakeholders seeking input on potential revisions to the Lead and Copper Rule (“LCR”). EPA’s letter states...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Storm Water Enforcement: Arkansas Department of Environmental Quality and El Dorado, Arkansas Petroleum Products Distribution...

The Arkansas Department of Environmental Quality (“ADEQ”) and RelaDyne HOC (“RH”) entered into a December 4th Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act National Pollution...more

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