News & Analysis as of

Environmental Policies

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Environmental Citizen Suits —A Growing Trend Under the Trump Administration

by King & Spalding on

In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the waters of the United States rulemaking to the Clean Power Plan. He has also proposed...more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

by Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

U.S. Environmental Protection Agency Science Advisory Board/Board of Scientific Counselors: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) announced in a November 3rd news release that its Chief Technical Officer, Dr. Robert Blanz, P.E., has been appointed to serve on two prestigious United States...more

Study on the Economic Impacts of Recycling: Texas Commission on Environmental Quality Announces Report

The Texas Commission on Environmental Quality (“TCEQ”) announced the completion of a report titled: Study on the Economic Impacts of Recycling (“Study”) ...more

Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...more

Currents - Energy Industry Insights - October 2017 #5

Drive for ANWR Oil Bonanza Could Prove to be a Bust for the Republicans' Budget - "Congressional Republicans counting on a $1 billion windfall from selling oil-drilling rights in the Arctic National Wildlife Refuge to help...more

Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)

The Houston Astros have an additional distinction besides its World Series win. The Astros Minute Maid Park is on the site of a former 38-acre Brownfield....more

Reminder of the Impacts of Air Pollution on Public Health

by Burr & Forman on

The issue of climate change has become the focus of air emission regulations and prompted deep division in the process. The last Presidential election brought the issue to the fore in the sense that those who are now...more

China Prioritises Environmental, Social, and Governance Factors in Overseas Investment

by Latham & Watkins LLP on

The Chinese government has announced a US$4 trillion investment in developing infrastructure globally under the “Belt and Road Initiative” (BRI). Under the BRI the Chinese government will spend US$750 billion on overseas...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

New Environmental Bureau to Regulate China’s Natural Resources

by Latham & Watkins LLP on

President Xi has announced the creation of a new environmental bureau to oversee China’s state-owned natural resources. Establishment of the new bureau is one of the most notable outcomes of the recent meeting of the 19th...more

Currents - Energy Industry Insights - October 2017 #4

EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more

Factories Shut Down Across China in Unprecedented Environmental Crackdown

by Latham & Watkins LLP on

In recent months, teams of inspectors from China’s Ministry of Environmental Protection and the Communist Party’s anti-corruption commission have conducted a slew of surprise inspections of various industrial facilities...more

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

EPA Releases “Sue And Settle” Policy Directive

by Morgan Lewis on

The directive establishes a new procedural framework for the settlement of litigation intended to effect regulatory changes. US Environmental Protection Agency (EPA) Administrator Scott Pruitt issued an Agency-wide...more

The Revival of North Carolina General Assembly Special Sessions and Why They Matter

by Ward and Smith, P.A. on

Brief History of Special Sessions - In odd numbered years, after the North Carolina General Assembly adjourns its Long Session, the body typically abstains from lawmaking through the commencement of the Short Session the...more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After...

by McNees Wallace & Nurick LLC on

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the...more

President Xi Jinping Pledges Sustainable Development to Build a “Beautiful China”

by Latham & Watkins LLP on

At the 19th National Congress of the Chinese Communist Party, President Xi Jinping asserted his country’s emerging leadership in environmental stewardship and pledged to build a “beautiful China”. In his speech to the 2,300...more

Buy Clean California Act: Carbon Emission Limits for State Procurement

California has taken a significant step in aligning its procurement expenditures with its vanguard climate change policy. On October 15, 2017, Governor Jerry Brown signed A.B. 262, the Buy Clean California Act (Chapter 816,...more

Happy Birthday!: Clean Water Act Turns 45 Today

The Clean Water Act was enacted in 1972. As a result, it turns 45 today. President Richard Nixon is credited with the creation of the United States Environmental Protection Agency and signing of the National Environmental...more

Legislation to Alter State Water Rights Enforcement Action Processes Fails

by Best Best & Krieger LLP on

California Gov. Jerry Brown vetoed AB 313, which would have shifted the hearing process for certain water rights enforcement actions to a new Water Rights Division within the Office of Administrative Hearings. However, his...more

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