News & Analysis as of

Environmental Policies

Supreme Court Hears Oral Argument in Long-Running State Water Disputes

by Holland & Knight LLP on

The U.S. Supreme Court heard oral argument on Jan. 8, 2018, regarding two interstate water disputes: Florida v. Georgia and Texas v. New Mexico and Colorado. In Texas v. New Mexico and Colorado, the states are litigating over...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Four-Term Governor Jerry Brown: One Last Budget

This week, California Governor Jerry Brown, beginning the final year of his unprecedented four terms as governor, unveiled his 16th and last state budget proposal, which projects a $6.1 billion surplus, mostly a result of...more

Trump and the Oil Patch One Year In

by Gray Reed & McGraw on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

Ozone Nonattainment in Wisconsin

by Foley & Lardner LLP on

Just before the holiday break, U.S. EPA announced the potential return to “nonattainment ozone status” for a number of locations in the United States, including portions of eastern and southeastern Wisconsin. After achieving...more

EPA Adjusts For Inflation The Maximum Civil Penalties For Violations Of Environmental Statutes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018. The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

C&H Hog Farms, Inc. Sow-Farrowing Facility (Newton County, Arkansas): Arkansas Department of Environmental Quality Denial of...

The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more

Vermont Legislative Update 1-5-18 - An analysis from DRM's Government & Public Affairs Team

The merger between the Department of Labor and the Agency of Commerce and Community Development as proposed by the Scott Administration is off the table, but work that was spawned by consideration of the idea has gathered...more

CEQA Year In Review 2017

by Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

EPA Regulatory Agenda Shows Continued Retrenching

by Burr & Forman on

In mid-December, EPA issued its semi-annual regulatory agenda reflecting rulemaking activities scheduled for 2018 and beyond. The overall announcement is reflected in the EPA press release and detailed explanations are...more

Environmental Law Conference to Provide Updates On Current and Developing Issues Practitioners Will Need to Know in 2018

by Nossaman LLP on

On February 9, 2018, Nossaman veteran Environmental Law attorney Steven Quarles will be serving as a member of the faculty for the American Law Institute (ALI) CLE program, Environmental Law 2018. The full conference, held...more

Migratory Bird Treaty Act and the Sword of Damocles

by Holland & Knight LLP on

• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities. • The memo specifically...more

Cooperative Federalism in the Trump Era: Arkansas Department of Environmental Quality Director Becky Keogh Participates in...

Arkansas Department of Environmental Quality (“ADEQ”) Director Becky Keogh was one of six panelists that participated in the Environmental Law Institute – Miriam Hamilton Keare Policy Forum (“Forum”). ...more

State Grants Two Year CEQA Streamlining Extension for “Environmental Leadership Projects”

On October 6, 2017, Governor Brown approved Assembly Bill (AB) 246, extending certain CEQA litigation streamlining provisions under the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (the Act) for...more

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

by Nossaman LLP on

On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Environmental Justice Element Now Required for California’s General Plans

As of January 1, 2018, California’s cities, counties, and charter cities are required to either adopt an Environmental Justice Element in their General Plan or integrate Environmental Justice policies and goals into the...more

Categorical Exemptions For Telegraph Hill Residential Project Upheld

by Perkins Coie on

In Protect Telegraph Hill v. City and County of San Francisco (2017) 16 Cal.App.5th 261, the First District Court of Appeal rejected a series of CEQA challenges to San Francisco’s approval of a conditional use permit for the...more

End of the Year Endangered Species Round-Up

by Nossaman LLP on

As 2018 approaches, the U.S. Fish and Wildlife Service (“Service”) made a few announcements that will likely impact the list of threatened and endangered species. In these last 11 days of 2017, the Service announced 90-day...more

New Department of Interior Solicitor’s Opinion Provides Relief on Incidental Take of Migratory Birds

• The Opinion finds that the Migratory Bird Treaty Act (MBTA) prohibits only affirmative and purposeful actions to take migratory birds. Incidental takes that are not the purpose of an action, even if they are direct and...more

Certified Regulatory Programs Must Comply with CEQA’s Policies and Substantive Standards

by Perkins Coie on

A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...more

Department of the Interior Revises Interpretation of Migratory Bird Take Prohibition

by Nossaman LLP on

On December 22, 2017 the Department of the Interior (“DOI”) Solicitor’s Office issued its revised interpretation of the Migratory Bird Treaty Act’s (“MBTA”) prohibition on the take of migratory bird species. Official...more

Timberlands Regulation under the @realDonaldTrump  Administration 

by Stoel Rives LLP on

Those who closely watch the current White House pay particular attention to one Twitter handle: @realDonaldTrump. President Trump is not the first US president to use Twitter to communicate to the country. But I think it’s...more

Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts

by Perkins Coie on

A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San...more

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