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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:

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

Nebraska Approves Route for Keystone Pipeline XL

by King & Spalding on

On November 20, 2017, the Nebraska Public Service Commission (PSC) approved a route for the Keystone XL Pipeline (Pipeline) to pass through Nebraska. Although the approval is a significant milestone for the Pipeline and the...more

Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S.: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has released a November 2017 report titled: Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S. (“Supplemental...more

Arkansas Pollution Control and Ecology Commission Regulation 30 (Remedial Action Trust Fund Hazardous Substance Site Priority...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 28th news release stating that the Arkansas Pollution Control and Ecology Commission (“Commission”) will hold a public hearing on December 4th to...more

Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program. H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

Empire Wind: New York’s Latest Off-Shore Wind Energy Project

by Farrell Fritz, P.C. on

In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government for wind energy development. Statoil’s wind energy project will be located approximately fourteen...more

Draft Regulations Issued That Could Ban High-Volume Hydraulic Fracturing in the Delaware River Basindrill

by Ballard Spahr LLP on

In draft rules issued last week, the Delaware River Basin Commission (DRBC) proposed to ban high-volume hydraulic fracturing (the practice known as fracking) for the extraction of oil and natural gas in the Delaware River...more

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

Federal Criminal Enforcement: U.S. Department of Justice Announces Sentencing of Saltwater Disposal Well Operators for Alleged...

The United States Department of Justice (“DOJ”) announced in a November 27th news release that two saltwater disposal well operators had been sentenced in a Bismarck, North Dakota, Federal District Court for alleged Safe...more

Future of Waters of the United States/Examining the Role of States: U.S. House of Representatives Committee on Science, Space, &...

The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more

White County, Arkansas Facility: Arkansas Department of Environmental Quality and Kohler Co. Enter into Elective Site Clean-Up...

The Arkansas Department of Environmental Quality (“ADEQ”) and Kohler Co. (“Kohler”) entered into an October 23rd Elective Site Clean-Up Agreement (“ESCA”). See LIS 17-096. The ESCA addresses a facility located in Searcy,...more

Significant Nexus Lives! (For Now, In the 9th Circuit)

On November 27, 2017, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who: “discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract...more

Potential Actions to Reduce Regulatory Burdens on Domestic Energy Production: U.S. Army Corps of Engineers Announces Availability...

The United States Army Corps of Engineers (“Corps”) issued a November 28th Federal Register notice announcing the issuance of a report that examines: . . . actions it could take to modify existing regulations that...more

Association of Irritated Residents v. Kern County: Temporary Shutdown Does Not Reset the Baseline for CEQA Environmental Analysis

On November 21, the California Fifth District Court of Appeal issued its decision in Association of Irritated Residents v. Kern County Board of Supervisors, 2017 WL 5590096, a challenge to the County’s Environmental Impact...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

Marijuana Cultivation: California State Water Board Adopts Policy Addressing Water Diversion/Discharge

The California State Water Board (“Board”) recently adopted what it describes as a “new statewide policy establishing strict environmental standards for cannabis cultivation in order to protect water flows and water quality...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

Arkansas Department of Environmental Quality Office of Air Quality Newsletter: Fall 2017 Edition

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality publishes a quarterly newsletter (“Newsletter). The Fall 2017 edition was recently published....more

Overflows/Wastewater Enforcement: Tennessee Department of Environment and Conservation and Dyersburg, Tennessee Enter into Consent...

The Tennessee Department of Environment and Conservation (“TDEC”) and the City of Dyersburg, Tennessee (“City”) entered into an October 9th Consent Agreement and Assessment (“CAA”) addressing alleged violations involving...more

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