The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 5th Proposed Director’s Order and Assessment (“Order”) to the City of Dayton, Tennessee addressing alleged violations of the Tennessee Safe...more
The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more
The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more
The Vermont Department of Environmental Conservation released on February 5th reports addressing issues involving per- and polyfluorinated substances (“PFAS”). The reports address: - PFAS and landfill leachate -...more
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more
On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more
The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more
The environmental organizations Riverkeeper, Inc. and Waterkeeper Alliance, Inc. (collectively “Waterkeeper”) filed an action in the Supreme Court of the State of New York against the New York State Department of...more