News & Analysis as of

Environmental Policies

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...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

rPET Recycling: Closed Loop Partners Study Addressing System Interventions to Improve Cost Structure

The Association of Plastic Recyclers noted a study undertaken by Closed Loop Partners that addresses recycling system interventions that could reduce the cost of processing post-consumer PET compared to producing virgin...more

Arkansas Nutrient Water Quality Trading Advisory Panel: December 14th Conference Call Scheduled

The Arkansas Department of Environmental Quality (“ADEQ”) announced that the Arkansas Nutrient Water Quality Trading Advisory Panel (“Panel”) will hold a telephone conference at 1:30 p.m. on December 14th. ADEQ states the...more

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by Snell & Wilmer on

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining...more

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...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

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

Proposed “Comprehensive Update” to the State CEQA Guidelines Released - California Governor’s Office of Planning and Research...

by Best Best & Krieger LLP on

Following several years of public involvement, the Governor’s Office of Planning and Research has just issued comprehensive Proposed Updates to the CEQA Guidelines. In addition to proposing changes or additions to nearly 30...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

Charting the Growth of Human Rights and Ethical Reporting in the EU

Increasingly, businesses across Europe must report on a wide range of ethical and related matters in addition to publishing their financial results. Requirements for businesses to undertake non-financial reporting have...more

State Implementation Update for Revisions to Hazardous Waste Generator Rule

by Foley & Lardner LLP on

The U.S. Environmental Protection Agency (EPA) published revisions to hazardous waste generator regulations on November 28, 2016. These revisions went into effect at a federal level and for non-delegated states on May 30,...more

Climate risk? Credit risk! Moody’s Warns State and Local Governments

Earlier this week, Moody’s Investors Service announced issuance of a report (payment required) warning that: “the effects of climate change, including climbing global temperatures, and rising sea levels, are forecast to...more

Arkansas Environmental Personnel Moves (Update): Former Arkansas Department of Environmental Quality Director Teresa Marks,...

Former Arkansas Department of Environmental Quality (“ADEQ”) Director Teresa Marks is now serving as Chief Deputy Director of the California Department of Pesticide Regulation (“DPR”). Ms. Marks was appointed to the...more

The Power of the Purse, and What That Potentially Means This Holiday Season

by Nossaman LLP on

Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Failure To Identify Preferred Alternative Dooms EIR

by Perkins Coie on

A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...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

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

French Legal and Regulatory Update – October 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for October 2017. Please see full...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

Environmental Protection is Enshrined as Official Ideology in China Amid Major Reforms

by Latham & Watkins LLP on

President Xi announces a comprehensive, 14-point reform policy that has long-term implications for companies with business interests in China. Key Points: ..President Xi Jinping has formalized a national commitment to...more

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

by Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

Cascades Frog Takes Another Leap Toward Listing under CESA

by Nossaman LLP on

On October 17, 2017, the California Fish and Game Commission (“Commission”) published notice of its preliminary positive finding on a petition to list the Cascades frog (Rana cascadae) as threatened or endangered under the...more

Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially Discarded by Court

by Williams Mullen on

EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more

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