News & Analysis as of

Zoning, Planning & Land Use Environmental Energy & Utilities

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

Contaminated Sediment Sites: U.S. Environmental Protection Agency Sample CWA/CERCLA Memorandum of Understanding

The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled: Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and...more

Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses

by Ward and Smith, P.A. on

Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without a named storm, causes property to saturate...more

Storage Tank/Licensing Enforcement: Arkansas Department of Environmental Quality and Strong, Arkansas Storage Tank Owner Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Dimum, Inc. dba Jade Foods (“DI”) entered into a January 20th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

Yet Another ET Rover Pipeline Accident

by Clark Hill PLC on

The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

New Report Highlights Progress and Growth Potential of Solar Industry

A new report from Baird Equity Research outlines the inroads made by solar energy the past two years and projects the industry’s continued growth over the long term. In particular, the report cites increased installations,...more

Interior Department Excludes Incidental Take Liability Under the Migratory Bird Treaty Act

by Latham & Watkins LLP on

Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more

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

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mitchellville, Arkansas (“City”) entered into a December 5th Consent Administrative Order (“CAO”) alleging violations of the Clean Water Act National...more

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

by Perkins Coie on

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

Beautiful Buffalo River Action Committee: January 23rd Meeting

The Beautiful Buffalo River Action Committee has scheduled its 2018 first quarter meeting for January 23rd. Items on the agenda include... ...more

Trump and the Oil Patch One Year In

by Gray Reed & McGraw on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take

by Jackson Walker on

In a legal memorandum (the “Jorjani Memo”) issued on December 22, 2017, the U.S. Department of the Interior (“DOI”) concluded that the MBTA’s prohibition of taking migratory birds only applies to intentional take and does not...more

C&H Hog Farms, Inc. Sow-Farrowing Facility (Newton County, Arkansas): Arkansas Department of Environmental Quality Denial of...

The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more

Buffalo River Watershed-Based Management Plan: Arkansas Natural Resources Commission Issues Draft

The Arkansas Natural Resources Commission (“ANRC”) issued a 622-page draft document titled: Buffalo River Watershed-Based Management Plan (“Management Plan”) ...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

Abandoned Underground Storage Tanks: December 2017 Association of State and Territorial Solid Waste Management Officials Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2017 report titled: Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities...more

Potential benefits of microgrids for hospitals

by Bricker & Eckler LLP on

For hospitals, a major power outage can pose a serious threat to the health of patients. In the wake of various hurricanes and severe storms in 2017, there has been a renewed focus on ways to increase reliability and...more

Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s Opinion

by Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Endangered Species Act: U.S. Fish and Wildlife Service Request for Public Comment on Incidental Take Permit Applications to...

The United States Fish and Wildlife Service (“FWS”) issued a December 5th Federal Register Notice asking for public comment on federally listed American burying-beetle incidental take permit applications. See 82 Fed. Reg....more

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

National Water Quality Initiative: USDA Natural Resources Conservation Service Announces $30 Million in High-Priority Watershed...

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a December 21st news release announcing it will add 30 new watersheds in 2018 as part of its National Water Quality Initiative...more

FY 2018 Geological Survey 104G National Competitive Grant Program: Arkansas Water Resources Center Call for Preproposals

The Arkansas Water Resources Center (“AWRC”) has issued a call for preproposals for the FY 2018 U.S. Geological Survey (“USGS”) 104G National Competitive Grant Program. AWRC states that the grants will support “research on...more

Storm Water Enforcement: Arkansas Department of Environmental Quality and El Dorado, Arkansas Petroleum Products Distribution...

The Arkansas Department of Environmental Quality (“ADEQ”) and RelaDyne HOC (“RH”) entered into a December 4th Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act National Pollution...more

New Energy Legislation Introduces Tribal Opportunities

by Hogan Lovells on

Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. Please...more

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