News & Analysis as of

Permits

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Cleburne County, Arkansas Wastewater...

The Arkansas Department of Environmental Quality (“ADEQ”) and WR Holding Co, LLC (“WR”) entered into a March 26th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See...more

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...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

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 Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the...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

Proposed General Permit Aims to Standardize Wastewater Management

by Harris Beach PLLC on

On March 31, 2018, the New York State Department of Environmental Conservation (“DEC”) opened a public comment period regarding the potential issuance of a State Pollution Discharge Elimination System (SPDES) general permit...more

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

by Holland & Knight LLP on

• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Court Upholds Use of Small Facilities Exemption for Microcell DAS Project

by Perkins Coie on

In Aptos Residents Association v. County of Santa Cruz, the court of appeal upheld Santa Cruz County’s use of a CEQA exemption to approve a distributed antenna system (often referred to as a DAS) for the provision of cell...more

How Trump's Infrastructure Plan Impacts the Energy Industry

How will President Trump's infrastructure plan impact the energy industry? Permitting reform is on the table. Listen to our energy industry panelists discuss the proposed changes and how companies can engage with Congress....more

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

by Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Sixth Circuit Holds That Prolonged Permitting Processes Are Not A Final Action Warranting Judicial Review

On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

An Examination of Federal Permitting Processes: U.S. House Committee on Oversight and Government Reform/Subcommittee on the...

The United States House Committee on Oversight and Government Reform (“Committee”) held a hearing on March 15th titled: An Examination of Federal Permitting Processes ...more

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Corps of Engineers to Streamline Section 408 Permitting Process

by Holland & Hart LLP on

In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more

New Source Review/Clean Air Act: March 13th U.S. Environmental Protection Agency Memorandum Addressing Project Emissions...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 13th guidance memorandum titled: Project Emissions Accounting Under the New Source Review Preconstruction Permitting...more

Ninth Circuit Discusses “Point Sources” Under The CWA

On Friday, March 9, the U.S. Court of Appeals for the Ninth Circuit issued another significant ruling in a Clean Water Act (CWA) Citizen Suit case. Affirming the District Court, the Ninth Circuit held “pipes, ditches, and...more

Prohibition of Post-Production Expenses on Flat Rate Royalty Leases in West Virginia

Summary of S.B. 360 - SB 360 applies to flat rate royalty leases, i.e. leases for which the royalty is not "inherently related to the volume of oil and gas so extracted, produced, and marketed," and the conditions upon...more

Overview of California’s Final Autonomous Vehicle Testing and Deployment Regulations – Fully Driverless Vehicles Permitted

• California’s new regulations lay out the requirements for manufacturers to obtain permits to test and deploy autonomous-vehicles on public roads. The regulations enable manufacturers to test fully driverless vehicles and...more

Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures): Draft Revisions

The Arkansas Department of Environmental Quality (“ADEQ”)posted in late January draft revisions to Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures)(“Reg. 8”). Reg. 8...more

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