News & Analysis as of

Department of Environmental Protection

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

Pa. DEP Sets Early 2018 for Final Methane General Permits for Oil and Gas Drillers

As part of Governor Wolf’s strategy to reduce methane emissions from oil and gas sites, the Pennsylvania Department of Environmental Protection published draft final permit revisions for the new GP-5A, GP-5 and Exemption 38....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

Maine DEP Voluntary Response Action Program Releases Updated Guidance

by Pierce Atwood LLP on

The Maine Department of Environmental Protection’s (DEP) Voluntary Response Action Program (VRAP) just provided updated guidance explaining the new application fees and -- perhaps more importantly -- clarifying and updating...more

Stormwater/Solar Photovoltaic Facilities: November 10th Blog Post Discusses Potential Issues

A November 10th blog post by Kennedy/Jenks Consultants discussed potential stormwater management issues associated with solar photovoltaic (“PV”) facilities. Their post discusses what they describe as: . . . the unique...more

Stormwater Regulation and Fees Will Impact Auto Dealers

by McNees Wallace & Nurick LLC on

Municipalities throughout Pennsylvania are in the process of implementing local stormwater ordinances and fees that will likely impact many auto dealers. Recent changes to federal and state laws have forced municipalities to...more

More Delays Forthcoming With NPDES Permits

by Fox Rothschild LLP on

The NPDES general permit for stormwater discharges associated with construction activities will expire on December 7, 2017. DEP has announced that the general permit will be administratively extended until December 7, 2018....more

Appellate Division Clears Way for Business Entities to Receive Brownfield Innocent Party Grants When Property Is Transferred among...

by Blank Rome LLP on

The New Jersey Appellate Division recently lessened the rigidity by which an innocent purchaser may be eligible for a so-called “Innocent Party Grant” to cover costs associated with the remediation of contaminated property....more

El FDEP emite una orden para restaurar los daños estructurales tras el huracán

by Bilzin Sumberg on

Propietarios y entidades públicas y privadas: El 5 de septiembre de 2017, el Departamento de Protección Ambiental de Florida (Florida Department of Environmental Protection, FDEP) emitió la orden final de emergencia OGC...more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

FDEP Issues Order to Restore Structural Damage Post Hurricane

by Bilzin Sumberg on

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated...more

Hurricane Irma: To Facilitate Storm Recovery, Governor Scott & FDEP Issue Statewide Orders, Extending Development Approvals &...

by Akerman LLP on

To facilitate storm response, recovery, and reconstruction efforts, before Hurricane Irma's landfall, Governor Rick Scott and the Florida Department of Environmental Protection (FDEP) issued twin emergency orders on September...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Oil And Gas Update For Week Ending 9/1/2017 – Hurricane Harvey Drives Oil, Nat Gas Prices Up And Down; PADEP Releases 2015 Methane...

by Cozen O'Connor on

After a brief hiatus we are back at the well. Since our last report in early August, Hurricane Harvey ravaged southeastern Texas, affecting oil, natural gas, and gasoline prices all over the country. In Appalachia, the PADEP...more

Massachusetts Moves to Reduce Greenhouse Gases

by Robinson & Cole LLP on

On August 11, 2017, the Massachusetts Department of Environmental Protection (MassDEP) adopted a landmark bundle of regulations for reducing greenhouse gases (GHG). The regulations primarily target carbon dioxide (CO2)...more

Developer Asks SCOTUS To Hear Fla. Takings Case

by Fox Rothschild LLP on

A Florida developer petitioned the U.S. Supreme Court to hear a $10 million takings case against the Florida Department of Environmental Protection The developer alleged that the DEP’s denial of a development permit for a...more

Florida Governor Extends Deadlines for Development Permits Due to Zika Virus

by Holland & Knight LLP on

An extended opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain...more

Florida Development Permits Eligible for Extension Due to Tropical Storm Emily

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Tropical Storm Emily. Holders of certain development orders can request an additional six months to...more

A/B Septic Systems Are Back In Play For Planning Module Approval For New Projects

by Fox Rothschild LLP on

Governor Tom Wolf signed into law, on July 20, 2017, Act 26, which amended the Pennsylvania Sewage Facilities Act concerning the use of alternate sewage systems for purposes of obtaining planning module approval from DEP for...more

MassDEP Issues New Regulations to Reduce GHG Emissions

by Pierce Atwood LLP on

Last week, the Massachusetts Department of Environmental Protection (MassDEP) promulgated final regulations to ensure that the Commonwealth will meet the 2020 statewide greenhouse gas (GHG) emissions limits mandated by the...more

Which Onlot System Can You Use For Planning Your New Development Project?

by Fox Rothschild LLP on

If you are planning a new development project in Pennsylvania and cannot connect it to public sewer, navigating the Pennsylvania Department of Environmental Protection’s (the “Department”) requirements for the use of an onlot...more

Article I, Section 27 Rights Strengthened In Recent PA Supreme Court Decision

by Fox Rothschild LLP on

In a majority decision issued June 20, 2017, with a complement of new Justices, the Pennsylvania Supreme Court issued a ruling placing further emphasis on the importance of Article I, Section 27 of the PA Constitution. The...more

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Stretching Sovereign Immunity: The New Jersey High Court Immunizes the State from New Jersey Spill Act Liability for Pre-1977...

by Blank Rome LLP on

Action Item: The New Jersey Supreme Court’s decision in NL Industries, Inc. v. State of New Jersey will frustrate the equitable allocation of cleanup costs at sites involving pre-1977 discharges where the State would...more

Policyholders Win Again: The New Jersey Supreme Court Voids Insurance Policy Anti-Assignment Clauses in Occurrence-Based Insurance...

by K&L Gates LLP on

The New Jersey Supreme Court recently affirmed the Appellate Division’s decision in Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., finding that an anti-assignment clause in an occurrence-based insurance policy does not...more

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