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Administrative Agency Environmental

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

Three Important Memos Affecting EPA Enforcement Actions

by Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

by Miles & Stockbridge P.C. on

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

The Fate of the CCR Rule “is” Still in Dispute

by Williams Mullen on

In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Ozark Society, Inc. Intervention in Arkansas Pollution Control and Ecology...

The Ozark Society, Inc. and three individuals filed a January 26th Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc. (“C&H”) Request for Adjudicatory Hearing and Commission Review...more

EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement

by BakerHostetler on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA’s fiscal year ends in September, the newly released statistics...more

California Environmental Law & Policy Update - February 2018 #2

by Allen Matkins on

Focus - Cost of officially downsized Delta tunnel plan still exceeds currently pledged funds - Sacramento Bee - Feb 9 The troubled Delta tunnels project was officially downsized Wednesday, as Governor Brown’s...more

The maturation of the duty to consult: Top ten developments of 2017 in Canadian Aboriginal law

by Dentons on

2017 in Canadian Aboriginal law proved to be a watershed moment for the Crown’s duty to consult, with the confluence of a number of high-profile appellate decisions—including a new trilogy of consultation cases from the...more

Trump Administration Seeks to Scale Back Environmental Requirements for Infrastructure Projects

by White & Case LLP on

The Trump Administration is proposing to revise federal environmental requirements and procedures in order to streamline the permitting and approval processes for infrastructure projects....more

Draft 408 Guidance imminent; USACE Webinars Scheduled

by Downey Brand LLP on

Happy New Year!!!!!! Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

by Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Trump Administration Imposes Tariffs On Imported Large Residential Washing Machines And Imported Solar Cells And Modules

by King & Spalding on

On January 22, 2018, the Office of the United States Trade Representative (USTR) announced that President Trump had approved the imposition of safeguard remedies on imports of large residential washing machines and solar...more

NEPA in Flux: White House Expected to Propose Sweeping Changes to Federal Environmental Review and Permitting Processes to Promote...

by Morrison & Foerster LLP on

In his 2018 State of the Union Address, President Trump underscored his administration’s continued desire to roll back environmental regulations, with an emphasis on those governing infrastructure projects. According to a...more

SCOTUS Sends WOTUS Back TO District Courts

by Snell & Wilmer on

On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States...more

Energy & Sustainability Connections Newsletter - January 2018

by Mintz Levin on

A Note from the Editors - This month’s edition of Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This...more

California Energy Legislation Roundup 2017: A Focus on Protecting the Environment and Environmental Justice

by Morgan Lewis on

For energy industry observers, the 2017 California state legislative session produced a few significant bills (concerning extension of the cap and trade program and regulation of criteria air pollutants and toxic air...more

Natural Resources Agency Launches CEQA Guidelines Rulemaking

The Natural Resources Agency has initiated formal rulemaking for a comprehensive update to the California Environmental Quality Act Guidelines. The proposed CEQA Guidelines amendments are the most comprehensive update...more

California Environmental Law & Policy Update - January 2018 #4

by Allen Matkins on

Focus - Supreme Court rules that WOTUS rule challenges should be heard by federal district courts - The Hill - Jan 22 The Supreme Court unanimously ruled Monday that cases litigating the validity of an Obama-era...more

The Dusky Gopher Frog is Heading to the United States Supreme Court

by Liskow & Lewis on

In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”)...more

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

Trump Administration Imposes Tariffs on Foreign Solar

by McDermott Will & Emery on

On January 23, 2018, the US Trade Representative announced that President Trump approved recommendations to impose a safeguard tariff on imported solar cells and modules under Section 201 of the Trade Act of 1974. The tariff...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

by Steptoe & Johnson PLLC on

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

U.S. Approves New Tariffs on Solar Cells

by Holland & Knight LLP on

On Jan. 22, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced that the Trump Administration approved recommendations to impose safeguard tariffs on imported solar cells and modules. The USTR made the...more

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

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