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Zoning, Planning & Land Use Energy & Utilities

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Advisory Committee on Petroleum Storage Tanks – February Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Water Enforcement: Mississippi Commission on Environmental Quality and Biloxi, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality and Waring Oil Company, LLC (“Waring”) entered into a January 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to the release of...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Changes to RES Act in Poland

by Dentons on

The long-awaited latest version of the draft amendment of the Act of 20 February 2015 on Renewable Energy Sources (“RES Act”), the Act of 20 May 2016 on Investments in Wind Power Plants (“Distance Law”) and the Act of 7 July...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more

What to Watch: Five Key Features of the Infrastructure Package

by Bracewell LLP on

The President has announced more details regarding the new national infrastructure initiative that he referenced during his State of the Union address. The details suggest the Administration is taking a new approach to...more

Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of...

The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763. The RFP is being issued...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

COGCC Issues New Rules on Flowline Disclosure

by Snell & Wilmer on

With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond to...more

Leaking Underground Storage Tank Program: Petroleum Marketers Association of America Notes Administration's 2019 Funding Proposal

A Petroleum Marketers Association of America (“PMAA”) February 13th publication noted the White House’s proposal for funding the federal leaking underground storage tank program. The Arkansas Oil Marketers Association is a...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

A Possible Formula for Puerto Rico's Hurricane Recovery: Distributed Renewable Energy

by Sullivan & Worcester on

In October 2017, Hurricane Maria swept through the Commonwealth of Puerto Rico decimating the island, taking hundreds of lives and demolishing infrastructure on an enormous scale. In the hurricane’s immediate aftermath,...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

National Fish and Wildlife Foundation Grant: Beaver Watershed Alliance Awarded $37,710.56

The Beaver Watershed Alliance (“BWA”) announced that it has been awarded a grant totaling $37,710.56 from the National Fish and Wildlife Foundation (“Foundation”). BWA states that the award is being granted in response to...more

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Treated Railroad Ties/Non-Hazardous Secondary Material Rule: U.S. Environmental Protection Agency Final Rule

The United States Environmental Protection Agency (“EPA”) in a February 7th Federal Register notice issued a final rule amending the Non-Hazardous Secondary Material Rule (“NHSMR”) to add certain treated railroad ties...more

Arkansas Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Boone County, Arkansas School...

The Arkansas Department of Environmental Quality (“ADEQ”) and Bergman Public Schools (“Bergman”) entered into a January 19th Consent Administrative Order (“CAO”) to address alleged violations of Arkansas Pollution Control and...more

Connecticut Issues New RFP For Offshore Wind, Fuel Cell, And Anaerobic Digestion Projects; Sets April 2018 Deadline For Bid...

by Pierce Atwood LLP on

Last week, the Connecticut Department of Energy and Environmental Protection (DEEP) issued a request for proposals to procure up to 899,250 MWh/year of renewable energy and associated Renewable Energy Certificates (RECs) from...more

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Garland, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and City of Garland, Arkansas (“Garland”) entered into a January 10th Consent Administrative Order (“CAO”) addressing alleged violation of a Clean Water Act National...more

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