News & Analysis as of

Permits Comment Period

Bowditch & Dewey

Massachusetts Cannabis Control Commission Accepting Public Comments for On-site Social Consumption Establishments

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On December 13, 2024, the Massachusetts Cannabis Control Commission (“Commission”) voted to receive public comments to proposed Social Consumption Establishment Regulations until January 23, 2025, at 5:00 p.m....more

Schwabe, Williamson & Wyatt PC

Public Comments Invited for New Washington Dept. of Ecology Water Treatment Plant Permit

On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must...more

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

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State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

Pierce Atwood LLP

DEP Proposes Substantive Changes to Administrative Rules

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The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more

Holland & Knight LLP

New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

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New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Holland & Knight LLP

DOEE Issues Proposed Rule for Discharges of Groundwater into the MS4

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The District of Columbia Department of Energy and Environment (DOEE) published a Notice of Proposed Rulemaking (Proposed Rule) to adopt a new Chapter 16 – Discharge of Groundwater to the Municipal Separate Stormwater Sewer...more

Downey Brand LLP

California Energy Commission Releases Draft Permitting Roadmap for Offshore Wind Development and Report on Economic Benefits of...

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The California Energy Commission (CEC) recently released drafts of two key work products required by AB 525: a Conceptual Permitting Roadmap and a Report on the Preliminary Assessment of Economic Benefits of Offshore Wind...more

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

Major Source Operating Permit/Coal Mine: Colorado District Court Addresses Alleged Violation of State Agency Permit Review...

A Colorado District Court (“Court”) (Gunnison County) Judge addressed motions filed by Wildearth Guardians and other environmental organizations alleging a violation of the Colorado Air Quality Control Act and C.R.S....more

Downey Brand LLP

Board of Environmental Safety: California’s New Hazardous Waste Permit Review Authority is Ramping Up

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In July 2021, Governor Gavin Newsom signed SB 158 into law, which established the Board of Environmental Safety (BES)—an agency charged with overseeing the Department of Toxic Substances Control’s (DTSC) hazardous waste...more

Jenner & Block

Proposed Fugitive Emissions Amendments Bring Clarity to Major Source Permitting Requirements

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On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more

Williams Mullen

Environmental Notes - July 2021

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Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Williams Mullen

Regulation of PFAS in Wastewater Permits: Recent Guidance and Rulemaking Actions by EPA

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A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

Maynard Nexsen

EPA Drafts Guidance on County of Maui’s “Functional Equivalent” Test

Maynard Nexsen on

On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more

Bricker Graydon LLP

US EPA issues draft guidance regarding NPDES permitting requirements following Maui Supreme Court decision

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On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more

Williams Mullen

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

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In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

Beveridge & Diamond PC

NMFS Seeks to Streamline Aquaculture Permitting While a Washington Federal Court Interjects Caution

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In October 2019, the National Marine Fisheries Service (NMFS) published its Draft Outline for a Work Plan for a Federal Aquaculture Regulatory Task Force (Draft Outline) in the Federal Register Notice. The Draft Outline...more

Beveridge & Diamond PC

Washington State Considers Permits for Nutrient Discharges in Puget Sound

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The Washington State Department of Ecology announced that it will be accepting comments until October 21, 2019, on a preliminary determination to develop a Nutrients General Permit in the Puget Sound. These permits would...more

Akin Gump Strauss Hauer & Feld LLP

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

On Tuesday, April 23, 2019, in a development of interest to practically anyone who operates a plant or business, EPA published its Interpretive Statement in the Federal Register....more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

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On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Robinson+Cole Construction Law Zone

Proposed Changes to EPA’s Stormwater Permit for Construction Sites

The Environmental Protection Agency (EPA) recently announced its intention to modify the 2017 National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Stormwater Discharges (2017 CGP). EPA...more

Bricker Graydon LLP

Ohio EPA releases proposed pretreatment and IDP rules

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Ohio EPA has released proposed pretreatment and indirect discharge permit (IDP) rules (OAC 3745-3 and 3745-36, respectively). The existing pretreatment and IDP rules overlap with one another quite significantly, and the IDP...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Holland & Knight LLP

Senate Committee Holds Hearing on Clean Water Act

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The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more

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