News & Analysis as of

Environmental Policies

Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure Projects

by Perkins Coie on

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more

High Octane Fuels and High Efficiency Vehicles – Challenges and Opportunities: Subcommittee on Environment/U.S. House of...

The Subcommittee on Environment of the United States House of Representatives (“Committee”) held a hearing on April 13th titled: High Octane Fuels and High Efficiency Vehicle: Challenges and Opportunities ...more

California Lists Tricolored Blackbird

by Nossaman LLP on

On April 19, 2018, the California Fish and Game Commission voted 4-0 to list the tricolored blackbird (Agelaius tricolor) as a threatened species. A statewide survey conducted in 2017 estimated the California population of...more

Nitrogen Dioxide/National Ambient Air Quality Standard: U.S. Environmental Protection Agency April 18th Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) published an April 18th Federal Register Notice addressing the National Ambient Air Quality Standard ("NAAQS") for Nitrogen Dioxide(“NO2”). See 83 Fed. Reg....more

Preble’s Meadow Jumping Mouse Stays Put on List of Threatened Species

by Nossaman LLP on

On April 17, 2018, the U.S. Fish and Wildlife Service (Service) reached a negative “90-day finding” on a petition to remove the Preble’s meadow jumping mouse (Zapus hudsonius preblei) from the List of Threatened and...more

Environmental Awards: Arkansas Department of Environmental Quality Announces Finalists for ENVY, TECHe, E2 , and ADEQuest Science...

The Arkansas Department of Environmental Quality (“ADEQ”) issued an April 17th news release announcing the finalists for the Arkansas Environmental Stewardship (“ENVY”) Award, Arkansas Environmental Technology (“TECHe”)...more

Family Farms Threatened by Over-regulation

by Varnum LLP on

On February 7, 2018, American Farm Bureau Federation President Zippy Duvall testified before the Senate Committee on Environment and Public Works and recounted a long list of regulatory abuses and missteps by the federal...more

Changes on the Horizon for U.S. Fish and Wildlife Service's Regulations On Take of Threatened Species

by Nossaman LLP on

On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more

Arizona becomes the First State to Eliminate Chevron Deference

by Nossaman LLP on

On April 11, 2018, Arizona Governor Doug Ducey signed into law H.B. 2238, which amended the state’s administrative procedure laws to provide that courts are not required to defer to an agency’s legal interpretation in...more

U.S. EPA Region 9 Enforcement Priorities Revealed

by Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Interim Procedures for Providing Early Notice of Civil Judicial Referrals: March 23rd U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Assistant Administrator Susan Parker Bodine circulated a March 23rd memorandum titled: Interim Procedures for Providing Early Notice of Civil Judicial Referrals...more

Expansion of the "Waters of the U.S." Rule Delayed; Replacement Rule in the Works

by Womble Bond Dickinson on

On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more

Calif. Case Shows Propriety Of Telecom CEQA Exemptions

by Newmeyer & Dillion LLP on

On Feb. 5, 2018, the Sixth Appellate District of the California Court of Appeal issued a crucial ruling concerning California Environmental Quality Act review for wireless telecommunications facilities in the public...more

Environmental, Social and Governance (ESG) and Impact Enter the Board Room

by Womble Bond Dickinson on

[co-author: Mark Newberg, Director of Impact Strategies] Recently, Larry Fink, the CEO of BlackRock, the world’s largest asset manager, took a noteworthy step in an open letter he wrote to the CEO’s of all publicly traded...more

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th (REMINDER)

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Ninth Circuit Affirms Injunction Order for Federal Columbia River Power System to Prevent Harm to Listed Salmonids

by Nossaman LLP on

On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more

Title V/Clean Air Act: Center for Biological Diversity Petition Addressing Phillips 66 Rodeo, California Refinery Permit Renewal

A number of environmental organizations submitted a March 19th Petition to the United States Environmental Protection Agency (“EPA”) Administrator pursuant to Section 505(b)(2) of the Clean air Act and 40 C.F.R. § 70.8(d)...more

Nutrient Production Progress Tracker (Version 1.0): Association of Clean Water Administrators March 2018 Report

The Association of Clean Water Administrators (“ACWA”) released a document titled: Nutrient Reduction Progress Tracker – Version 1.0 – 2017 Report 2018 (“Tracker”) ...more

Clean Water Act Permit May Be Required for Pollution Discharged Indirectly into Navigable Waters

by Perkins Coie on

A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

by Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

EPA withdraws Obama-era Final Determination of greenhouse gas emission standards Mid-term Evaluation

by Hogan Lovells on

U.S. Environmental Protection Agency (EPA) Administrator, Scott Pruitt, announced Monday that the agency is withdrawing the Obama-era Final Determination of the Mid-term Evaluation (MTE) of greenhouse gas (GHG) emission...more

EPA Revising Greenhouse Gas Emissions Standards For Cars And Light Duty Trucks

by Burr & Forman on

EPA Administrator Pruitt announced on Monday that the Agency has completed a midterm evaluation of greenhouse gas emissions standards for cars and light-duty trucks for the model years 2022-2025. He has determined that the...more

U.S. Fish and Wildlife Service Lists Yellow Lance Mussel as Threatened

by Nossaman LLP on

On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA). ...more

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