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Permits Department of Environmental Protection

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...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

Sullivan & Worcester

Court Strikes Down Use of Municipal Harbor Plans for Tidelands Licensing

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In a recent decision in Armstrong v. Secretary of Energy and Environmental Affairs (July 12, 2022), the Massachusetts Supreme Judicial Court (SJC) struck down a key part of the state’s Chapter 91 waterways regulations...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants Petition Objecting to Cambria County, Pennsylvania, Power Plant

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 7th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) to the Colver Power...more

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

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Natural-Gas-Fired Turbine Air...

The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

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The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Troutman Pepper

New Jersey Passes Significant Environmental Justice Legislation

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Environmental justice has received greater attention in 2020, both because it is an election year, but also because of the increased focus on racial inequality since the killing of George Floyd in May 2020. Many states are...more

Pierce Atwood LLP

Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments

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As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more

Pierce Atwood LLP

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

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The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more

Pierce Atwood LLP

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

Pierce Atwood LLP

First Circuit Compressor Station Decision Vacates DEP Air Permit, Addresses Environmental Justice and Noise Issues

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more

Ballard Spahr LLP

PADEP Updates Chapter 102 Earth Disturbance Permitting Guidance

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The Pennsylvania Department of Environmental Protection (PADEP) has updated guidance for holders of certain environmental permits, further impacting the ability of non-essential construction projects to proceed....more

Spilman Thomas & Battle, PLLC

EPA Announces Temporary Enforcement Policy and the WV DEP Considers Accommodations for Regulated Entities Impacted by COVID-19

The Environmental Protection Agency ("EPA") has announced a temporary enforcement policy that will apply during the COVID-19 outbreak and will operate retroactively to March 13, 2020. The EPA says it expects regulated...more

Cole Schotz

Help Me Help You: NJDEP Explains Common Deficiencies That Delay Issuance Of Ground Water Remedial Action Permits

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The New Jersey Department of Environmental Protection (NJDEP) recently issued a summary of several groundwater guidance documents in an effort to address deficiencies that delay the issuance of Ground Water Remedial Action...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines, Courts and Reports

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Pipeline issues continue to dominate the natural gas news.  Last week, the pipeline industry got some good news, some bad news, and some news potentially so devastating it could threaten the entire industry....more

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

Watershed Permit: Massachusetts Department of Environmental Protection Announces Discharger/Sharing Arrangement

The Massachusetts Department of Environmental Protection (“DEP”) announced in an August 3rd news release what it described as the issuance of: . . . a first-of-its-kind “Watershed Permit” to four towns sharing the Pleasant...more

Akin Gump Strauss Hauer & Feld LLP

EPA Modifies Source Determination Test; Narrows Common Control Criteria

Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more

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

Source Aggregation/ Clean Air Act : April 30th U.S. EPA Assistant Administrator (Air) Wehrum Letter Referencing "Re-Evaluation"

U.S. Environmental Protection Agency (“EPA”) Assistant Administrator William L. Wehrum addressed in an April 30th letter to the Pennsylvania Department of Environmental Protection the question of whether: . . . emissions...more

Holland & Knight LLP

Florida State of Emergency for Zika Virus Has Terminated - Deadline for Extension of Development Permits Nears

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After the issuance of various extensions, the Zika virus state of emergency declared by Florida Gov. Rick Scott has terminated after the governor did not renew the Executive Order. However, holders of certain development...more

Holland & Knight LLP

Florida Development Permits Eligible for Extension Due to Hurricane Irma

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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

Akerman LLP

Hurricane Irma: To Facilitate Storm Recovery, Governor Scott & FDEP Issue Statewide Orders, Extending Development Approvals &...

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To facilitate storm response, recovery, and reconstruction efforts, before Hurricane Irma's landfall, Governor Rick Scott and the Florida Department of Environmental Protection (FDEP) issued twin emergency orders on September...more

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

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Foley Hoag LLP - Environmental Law

Stop the Presses: NPDES Permitees Must Comply With Their Permits

Earlier this month, the 4th Circuit Court of Appeals concluded that NPDES permit holders must comply with all of the terms of their permits. I’m not sure why this should be earthshattering news, but the case does have some...more

Pierce Atwood LLP

Maine DEP's New Multi-Sector General Permit

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It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

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