News & Analysis as of

Permits

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Appellate Term Reverses Village Of Port Jefferson Illegal Rental Permit Convictiions

by Farrell Fritz, P.C. on

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second...more

California hazardous waste facility permitting will get harder: cost… unknown

by DLA Piper on

Permitted California hazardous waste facilities (HWFs) take note: the California Department of Toxic Substances Control (DTSC), which regulates HWF activities, has proposed significant changes to the HWF permitting process....more

TTB Begins Testing New Version of Permits Online

by McDermott Will & Emery on

Alcohol and Tobacco Tax and Trade Bureau (TTB) recently began testing a new version of its Permits Online system. The new interface aims to provide several big improvements for users. Among them...more

How Can a Brewery Produce Hard Cider? – Part 1: TTB Permitting

Hard cider (or alcoholic cider as it is commonly called) has been around for centuries, especially in Pennsylvania. Being home to many apple orchards, Pennsylvania is starting to see numerous cideries (like breweries, but for...more

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...more

Air Enforcement: Arkansas Department of Environmental Quality and Malvern Pallet/Sticker Manufacturing Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Malvern Wood Products, Inc. (“MWPI”) entered into an October 4th Consent Administrative Order (“CAO”) to address alleged violations of an air permit. See LIS No....more

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Maben, Mississippi Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Maben, Mississippi (“City”) entered into a September 19th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution...more

Criminal Enforcement/Resource Conservation and Recovery Act: United States Department of Justice Announces Guilty Plea of Metal...

The United States Department of Justice (“DOJ”) announced in an October 18th news release that Phillip Michael Huddleston pleaded guilty to violating the Resource Conservation Recovery Act (“RCRA”). DOJ states alleges that...more

Food & Beverage Litigation Update | October 2017 #2

by Shook, Hardy & Bacon L.L.P. on

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Superior Court Decision Raises the Bar For Municipalities Seeking to Challenge Special Permits And Other Zoning Actions Taken By...

by Beveridge & Diamond PC on

The Massachusetts Superior Court has ruled that a municipality lacks standing to challenge a special permit issued by a neighboring town when the alleged harm is “too speculative and remote to qualify them as ‘aggrieved...more

Massachusetts Permitting Goes Online

by Beveridge & Diamond PC on

Finally catching up with many states that have made it possible to apply for and review permits online, Massachusetts’ Energy and Environmental Information Public Access System (EIPAS) went online last month, promising to...more

New Emergency Declarations Allow Extension of Development Approvals; Notification Deadline for Tropical Storm Emily Extensions...

by Akerman LLP on

Section 252.363, Florida Statutes, allows certain permits and authorizations to be tolled and extended due to a state of emergency, if the permit holder files a particular notice with the agency or government which issued the...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

Wine Expanded Permit Renewal

Have you obtained a Wine Expanded Permit and recently submitted your Renewal/Validation application only to find you were not charged the anticipated 2% fee? Most likely, it is simply a timing issue based upon when you...more

Streamlining Federal Environmental Reviews for Infrastructure Projects: Real Change is Coming

by Clark Hill PLC on

In recent actions, the Trump Administration reinforced its commitment to making significant changes in the way federal environmental reviews and authorizations are managed for infrastructure projects. As discussed in a...more

Air Enforcement: Arkansas Department of Environmental Quality and Mississippi County, Arkansas Terminal Grain Elevator Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Poinsett Rice & Grain, Inc. (“PRGI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS...more

Challenge to NPDES Permit Conditions: Union County, Arkansas Chemical Manufacturing Facility Request for Adjudicatory Hearing...

El Dorado Chemical Company (“EDCC”) filed a September 27th Request for Adjudicatory Hearing before the Arkansas Pollution Control and Ecology Commission. The request addresses a Clean Water Act National Pollution Discharge...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

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