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Zoning, Planning & Land Use Environmental

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

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...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

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

Arkansas 91st General Assembly – Secondary Extraordinary Session 2018: House Bill 1007 – Modification /Review of Arkansas...

Arkansas Governor Asa Hutchinson issued an official call to legislators for an Extraordinary Session of the 91st General Assembly which convenes today at 9:00 a.m. Call item number 6 is described as...more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

by Latham & Watkins LLP on

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...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

EPA Proposes Recycling Aerosol Cans As Universal Waste

by Seyfarth Shaw LLP on

Seyfarth Synopsis: EPA announces its proposal to streamline the regulation of hazardous waste aerosol cans by adding them to the list of materials that can be managed under the Universal Waste management system....more

Osceola County Passes Increased School Impact Fees for Most Residential Construction

Earlier yesterday, the Osceola County Board of County Commissioners (“the County”), by a 5-0 vote, passed an ordinance increasing school impact fees for most types of residential development in the County. ...more

California Water Rights Compliance Checklist for 2018

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California for calendar year 2018. If you have questions about the information...more

The Creation of the Canadian Energy Regulator

by Bennett Jones LLP on

This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...more

Hazardous Waste Enforcement: State of California and Home Depot U.S.A., Inc. Stipulation for Entry of Final Judgment/Permanent...

The California Attorney General (“AG”) announced a settlement with Home Depot U.S.A., Inc. (“Home Depot”) addressing alleged violations of: California Hazardous Waste Control Law...more

Agriculture/Superfund Release Reporting: March 8th U.S. Senate Committee on Environment and Public Works Committee Hearing

The United States Senate Subcommittee on Superfund, Waste Management, and Regulatory Oversight Committee of the Environment and Public Works (“Committee”) held a March 8th hearing in regards to: Senate Bill 2421 – The Fair...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

2018 Environmental Legislative Update No. 2

by Pullman & Comley, LLC on

Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

by Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

Louisiana Third Circuit Issues Decision on the Procedure for Settlements in Cases Governed by Act 312

by Liskow & Lewis on

In a decision issued today, the Louisiana Third Circuit Court of Appeal issued the first appellate court opinion addressing the procedure for approval of settlements in cases governed by Act 312 (La. R.S. 30:29). Britt v....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

The 2018 North Carolina Chamber Environmental Compliance Conference

by Ward and Smith, P.A. on

The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide updates and advice on environmental compliance regarding air,...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

Definition of Solid Waste/RCRA: U.S. Court of Appeals for D.C. Circuit Addresses Petition for Rehearing/Challenges to 2015...

The United States Court of Appeals, District of Columbia Circuit (“Court”), addressed in a March 6th Opinion petitions for Panel Rehearing of a July 7, 2017 decision addressing the Resource Conservation and Recovery Act...more

IRS Rules Solar Energy-Storage Upgrade Is Eligible for Tax Credit

by Ballard Spahr LLP on

In a new letter ruling (PLR 201809003) issued on March 2, the IRS ruled that a residential behind-the-meter solar energy storage device—a battery—meets the definition of "qualified solar electric property expenditure" under...more

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order/Assessment of Civil Penalty

The Technical Secretary of the Tennessee Air Pollution Control Board (“Board”) issued a February 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged violation by BlockWorks, LLC...more

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