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Environmental Policies Administrative Procedure Act

McGlinchey Stafford

PFAS Hazardous Substance Designation Under CERCLA Challenged

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On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

ArentFox Schiff

Can a ‘Tsunami’ Wash Away a Sea Change? Recent Supreme Court Administrative Decisions and Environmental Regulation

ArentFox Schiff on

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Dickinson Wright

Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

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On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more

Nossaman LLP

Ninth Circuit Holds Agency’s Decision Not to Modify a Recovery Plan is Not a Final Agency Action

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Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear (ursus...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Eversheds Sutherland (US) LLP

President Biden to announce executive climate actions; Does not declare national emergency

On July 20, 2022, President Biden delivered an address on climate change. Despite heavy pressure by many in Congress and environmental groups to announce new executive actions to address climate change, and even to...more

Goldberg Segalla

Colorado Drilling Project Stopped in its [F]racks!

Goldberg Segalla on

On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Herring and Delay

This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. ...more

Pillsbury - Gravel2Gavel Construction & Real...

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

(ACOEL) | American College of Environmental...

What’s the Big Deal With NEPA?

Congress passed, and President Richard Nixon signed, the National Environmental Policy Act (“NEPA”) in 1970. The legislation is deceptively simple, taking up less than six pages upon enactment. It requires a federal agency...more

Holland & Hart LLP

Biden Administration Announces First Round of Revisions to CEQ's NEPA Rules

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On October 7th, the Council on Environmental Quality (CEQ) announced the Biden Administration’s first round of proposed revisions to the National Environmental Policy Act (NEPA) regulations. Each of the “Phase 1” changes will...more

Nossaman LLP

CEQ Tweaks NEPA Regulations

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On June 29, 2021, the Council on Environmental Quality (CEQ) will publish an interim final rule (IFR) extending the deadline by which federal agencies are required to adopt updated National Environmental Policy Act (NEPA)...more

Nossaman LLP

Court rejects challenge to grizzly bear recovery plan

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In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction—under both the Administrative Procedure Act (APA) and...more

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

Williams Mullen

Environmental Notes - January 2021

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board: Petition Filed Challenging Class III/Class V Underground Injection Permits for South Dakota...

The Oglala Sioux Tribe (“Petitioner”) filed a December 24th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) issuance of an underground injection control (“UIC”) Class...more

Williams Mullen

EPA Tries to Sink Environmental Groups Challenge to its Navigable Waters Rule

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In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more

Williams Mullen

Environmental Notes - November 2020

Williams Mullen on

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more

Williams Mullen

What’s Next for Environmental Regulation if Biden Wins?

Williams Mullen on

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen....more

Nossaman LLP

NEPA Rules Rewrite: What's Next?

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This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

Allen Matkins on

Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #4

Allen Matkins on

Congress sends landmark conservation bill to White House - Bullet The New York Times – July 22 - The U.S. House of Representatives on Wednesday passed a measure that, for the first time, guarantees maximum annual funding...more

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