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Environmental Protection Agency (EPA) Pipelines Clean Water Act

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more

Beveridge & Diamond PC

B&D Forecast: 2023 Litigation Trends to Watch

Beveridge & Diamond’s litigators are involved in and track cases proceeding in courts around the U.S. We have experience with toxic torts, class actions, Superfund and site remediation, enforcement defense, regulatory...more

Cozen O'Connor

The State AG Report – 6.23.2022

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG Bonta Joins Coalition Filing Amicus Brief...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

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Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Allen Matkins

California Environmental Law & Policy Update - June 2021 #2

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Biden moves to restore safeguards under Clean Water Act - Associated Press – June 9 - The Biden administration began legal action this Wednesday to set aside a regulation known as the “Waters of the United States” (WOTUS)...more

Allen Matkins

California Environmental Law & Policy Update - May 2021

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Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Roetzel & Andress

Clean Water Act Update

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On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge

February saw the usual array of significant environmental decisions and federal regulatory notices. THE FEDERAL COURTS - U.S. Court of Appeals for the District of Columbia - Luminant Generation v. EPA - The court will be...more

Holland & Knight LLP

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

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On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

Troutman Pepper

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

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On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more

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

Oil Spill Response Plan/Clean Water Act: Federal Appellate Court Addresses Endangered Species Act/National Environmental Policy...

The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more

Benesch

U.S. EPA Rule Seeks to Curtail State Discretion Under the Clean Water Act to Block Pipelines and Other Infrastructure Projects

Benesch on

On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more

Best Best & Krieger LLP

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more

Allen Matkins

California Environmental Law & Policy Update - June 2020

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EPA limits states' power to stop oil and gas pipelines - Bullet NPR – June 1 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new rule intended to expedite the approval process for pipeline...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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

Does a Discharge to Groundwater Require an NPDES Permit? Arkansas Environmental Federation Water Conference Presentation...

I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Allen Matkins

California Environmental Law & Policy Update - September 2018 #2

Allen Matkins on

Focus - California commits to eliminating all carbon sources of electricity by 2045 - REUTERS - Sep 10 Governor Jerry Brown on Monday signed into law Senate Bill 100, which requires the state to source electricity from...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Beveridge & Diamond PC

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

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On April 12, the Fourth Circuit became the second federal court of appeals this year to hold that a point source need not directly introduce pollutants into navigable waters in order for the Clean Water Act’s (CWA)...more

King & Spalding

Energy Newsletter - March 2018

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Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

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