News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Environmental Protection Agency (EPA)

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

Regional Haze/State Implementation Plans: U.S. Environmental Protection Agency and Sierra Club Enter into Consent Decree Providing...

The United States Environmental Protection Agency (“EPA”) and Sierra Club entered into a July 12th Consent Decree (“CD”) addressing agency review of 32 states’ Clean Air Act State Implementation Plans (“SIP”) related to...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Development-2023-2024: Arkansas Environmental Federation Presentation

I undertook a presentation at the April 17, Arkansas Environmental Federation Land Seminar titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Development – 2023-2024 The presentation...more

Mintz - ML Strategies

ML Strategies Outlook for 2024

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Congress — Big Agenda & Little Time - With the holidays behind us, Congress returned this week for the second half of the 118th Congress with a long list of items to address and, as the 2024 campaign season ramps up, limited...more

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

Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2023 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). The Agenda includes information addressing: EPA...more

Akin Gump Strauss Hauer & Feld LLP

PHMSA Releases Proposed Rules for Gas Pipeline Leak Detection and Repair Addressing Both Pipeline Safety and Environmental...

On May 4, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a long-awaited notice of proposed rulemaking (NOPR) titled “Pipeline Safety: Gas Leak Detection...more

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

Consumer Confidence Report Rule/Safe Drinking Water Act: U.S. Environmental Protection Agency Proposes Revisions

The United States Environmental Protection Agency (“EPA”) announced on March 28th a Notice of Proposed Rulemaking (“NPR”) that would revise the Safe Drinking Water Act (“SDWA”) Consumer Confidence Report Rule. Consumer...more

Fox Rothschild LLP

National Drinking Water Regulation Proposal May Be Pushed to 2023

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Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary...more

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

National Secondary Ambient Air Quality Standards/Clean Air Act: U.S. Environmental Protection Agency and Center for Biological...

The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a September 28th Settlement Agreement (“Settlement”) to resolve certain issues associated with Clean Air Act...more

Downey Brand LLP

U.S. EPA Pushing Ahead to Designate PFOA and PFOS as Superfund Hazardous Substances

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Late last week, the U.S. Environmental Protection Agency (U.S. EPA) moved forward to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) (including their salts and structural isomers) as “hazardous...more

Greenbaum, Rowe, Smith & Davis LLP

EPA Proposed Designation of New CERCLA Hazardous Substances Would Significantly Impact Business Facilities, Manufacturers and...

On August 25 and 26, 2022, the U.S. Environmental Protection Agency (EPA) issued a press release and a pre-publication version of a proposed rule to designate two per- and polyfluoroalkyl substances (PFAS) as hazardous...more

Fox Rothschild LLP

EPA Announces Plan to Propose Removal of De Minimis TRI Reporting Exemption for PFAS in Summer 2022

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On March 3, 2022, the U.S. Environmental Protection Agency (“EPA”) released its 2020 Toxics Release Inventory (“TRI”) National Analysis report. EPA’s report analyzes the most recent Toxic Release Inventory (“TRI”) data and...more

Lippes Mathias LLP

SCOTUS Takes up WOTUS... Again

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On Monday, January 24, 2022, the U.S. Supreme Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency, 19-35469 to decide “[w]hether the Ninth Circuit set forth the proper test for determining...more

King & Spalding

EPA’s Proposed Methane Rule to Increase Regulatory Burden on “Super Pollutant”

King & Spalding on

On November 2, 2021, the Environmental Protection Agency (“EPA”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing sweeping regulations on emissions from methane, what the Biden administration considers a “super...more

King & Spalding

EPA Extends Compliance Dates for PBT PIP (3:1)

King & Spalding on

Proposed Rule Concerning Additional Extensions Forthcoming - Companies across a wide range of economic sectors have been waiting for a decision from the U.S. Environmental Protection Agency (EPA) on whether to extend the...more

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

Particulate Matter/Clean Air Act National Ambient Air Quality Standard: U.S. Environmental Protection Agency Announces...

The United States Environmental Protection Agency (“EPA”) announced in a June 10th news release that it will reconsider the Trump Administration’s decision to retain the particulate matter (“PM”) Clean Air Act National...more

Holland & Knight LLP

Steady as She Goes: Three Expectations for the Coast Guard in 2021

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As the new Biden Administration takes the helm in January 2021, there are great expectations for the next year in terms of consistency and stability at the federal level. Generally, industry can expect the U.S. Coast Guard...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

Jackson Walker

EPA Proposes to Revise Significant Aspects of Methane Rule

Jackson Walker on

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas...more

Foley Hoag LLP - Environmental Law

WOTUS: Legal Issue or Scientific Issue?

Last week, EPA and the Army Corps issued a Supplemental Notice of Proposed Rulemaking in support of their efforts to get rid of the Obama WOTUS rule. It’s a shrewd but cynical document. It’s shrewd, because it fairly...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2018

Appalachian Region Looks to Asia to Revive Economic Hopes - "A Thai chemical company and, more recently, its new South Korean partner, are taking halting steps toward building a multibillion-dollar petrochemical plant in...more

Spilman Thomas & Battle, PLLC

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

Bergeson & Campbell, P.C.

EPA Withdraws Direct Final Rule Exempting Six Biobased Chemicals From CDR

On March 30, 2015, the U.S. Environmental Protection Agency (EPA) withdrew a Direct Final Rule for Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data....more

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