The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more
An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more
The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more
The United States Department of Justice (“DOJ”) and Globe Metallurgical, Inc. (“GMI”) entered into a Consent Decree (“CD”) in the United States District Court (Southern District of Ohio) addressing alleged Clean Air Act...more
Twenty-two attorneys general, led by California Attorney General Rob Bonta, urged a federal court this Wednesday to reject a proposed $10.3 billion settlement over contamination of U.S. public drinking water systems with...more
This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more
A group of 16 Democratic sent a letter to the EPA and the National Oceanic and Atmospheric Administration (NOAA) urging them to develop a more robust national response to the problem of microfibers in the environment....more
Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more
A Ninth Circuit panel on Tuesday revived a Trump-era Clean Water Act regulation, finding that U.S. District Judge William Alsup erred when vacating a Trump administration revision of the “Clean Water Act 401 Certification...more
The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of...more
California becomes first state to test drinking water for microplastics - San Francisco Chronicle – September 7 - On Wednesday, California became the first state to begin requiring water agencies to test for microplastics,...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more
EPA rescinds previous administration’s guidance on Clean Water Act permit requirements - Water & Wastes Digest – September 21 - The U.S. Environmental Protection Agency (EPA) is rescinding its guidance document: “Applying...more
Southern California counties reach most intense drought category - Los Angeles Times – August 23 - As drought conditions continue to worsen throughout California, Ventura and other Southern California counties have...more
On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their...more
On May 19, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a final Clean Air Act Outer Continental Shelf air permit to Vineyard Wind 1, LLC (“Vineyard Wind”), thereby clearing a major permitting hurdle in...more
The Democratic AGs of New York, Connecticut, District of Columbia, Massachusetts, and New Jersey submitted a comment letter to the U.S. Army Corps of Engineers (“Corps”) for its reevaluation of the Clean Water Act Section 404...more
The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more
U.S. EPA drops challenge of Redwood City salt ponds' protection under Clean Water Act - SFGate – February 26 - The U.S. Environmental Protection Agency (EPA) last Friday withdrew an appeal filed by the Trump...more