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Environmental Administrative Agency

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

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Air Quality/Arkansas Fire Policy Forum: March 29th-30th – North Little Rock, Arkansas

The Arkansas Department of Environmental Quality (“ADEQ”) and Arkansas Forestry Commission are holding on March 29th-30th in North Little Rock, Arkansas, The Arkansas Fire Policy Forum (“Forum”). The Forum is sponsored by...more

Method 301 Revisions/Various Waste Media: March 20th U.S. Environmental Protection Agency Federal Register Notice

The United States Environmental Protection Agency (“EPA”) published a March 20th Federal Register Notice announcing a final rule establishing editorial and technical revisions to: Measurement Methods from Various Waste...more

CSAPR is Better Than BART

On March 20, 2018, the D.C. Circuit Court of Appeals rejected environmental and state/industry challenges to EPA’s Regional Haze Rule. In essence, the ruling confirms that EPA was reasonable in determining that compliance...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Brownfields: U.S. Environmental Protection Agency March 15th Federal Register Notice Regarding Supplemental Funding/Revolving Loan...

The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization...more

California Environmental Law & Policy Update - March 2018 #3

by Allen Matkins on

Focus - EPA’s Pruitt says California cannot dictate nation’s auto emissions standards - THE WASHINGTON POST - Mar 13 U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt said in an interview Tuesday...more

EPA Signals Changes to Clean Air Act Accidental Release Program

by King & Spalding on

There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more

FERC Meeting Agenda Summary - March 2018

by White & Case LLP on

In This Issue: - Electric Items - Gas Items - Hydro Items - Certificate Items - Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 15, 2018 meeting, pursuant to the...more

How to Get Out of EPA Hot Water Penalty Free

To disclose or not to disclose, that is the question. Although self-disclosure will bring the matter to the Environmental Protection Agency’s attention, it is a great mechanism for reducing penalties for any enforcement...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

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

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

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

Long-Term Lead and Copper Rule Federalism Consultation: American Water Works Association Comments

The American Water Works Association (“AWWA”) submitted March 8th comments to the United States Environmental Protection Agency (“EPA”) on the Lead and Copper in Drinking Water Rule (“LCR”). EPA is stated to have...more

Oil and Natural Gas Sector/Clean Air Act New Source Performance Standards: U.S. Environmental Protection Agency Final Rule...

The United States Environmental Protection Agency (“EPA”) in a March 12 Federal Register notice promulgated a final rule which encompassed revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for the oil...more

California Environmental Law & Policy Update - March 2018 #2

by Allen Matkins on

Focus - U.S. loses bid to halt children's climate change lawsuit - Reuters - Mar 7 A panel of the Ninth Circuit Court of Appeals on Wednesday rejected the U.S. government’s bid to halt a lawsuit filed by a group of...more

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

Clean-Bus Funding: U.S. Environmental Protection Agency Announces Grant to Arkansas School District

The United States Environmental Protection Agency (“EPA”) announced in a March 8th news release that it was awarding an $8.7 million grant for the replacement and retrofitting of 452 older diesel school buses. The grants...more

A Trial on Climate Change Claims Against the United States? What Fun!

Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to...more

Air Enforcement: U.S. Environmental Protection Agency and Romulus, Michigan Hot Mix Asphalt Plant Operator Enter into Consent...

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The United States Environmental Protection Agency (“EPA”) and Ajax Materials Corporation...more

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

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