News & Analysis as of

Permits Jurisdiction

Downs Rachlin Martin PLLC

Governor Scott and Tripartisan Group of Legislators Submit Ambitious Housing Bill

On January 10, Governor Scott and a tripartisan group of legislators presented H. 719, dubbed the BeHOME Act.  This bill may constitute the most ambitious reform effort to date to address Vermont’s inadequate housing supply...more

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

Beveridge & Diamond PC on

In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

Venable LLP on

On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

K&L Gates LLP

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone

K&L Gates LLP on

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone - On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC...more

Perkins Coie

Washington Developing Streamlined Solar Project Permitting Process

Perkins Coie on

The Energy Facility Site Evaluation Council (EFSEC) is continuing its efforts to develop a streamlined process for permitting solar energy facilities in Washington state. EFSEC’s goal is to develop a more efficient,...more

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

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...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

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Australia

White & Case LLP on

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more

BCLP

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

BCLP on

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

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Sullivan & Worcester

Grid–Scale Energy Storage: Stakeholder Participation Key to Successful Implementation of FERC Order 841

Sullivan & Worcester on

In recent posts, we have discussed how Order 841 issued by the Federal Energy Regulatory Commission (“FERC”) on February 15, 2018 is expected to create new opportunities for the expansion of grid-scale (“in front of the...more

Eversheds Sutherland (US) LLP

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

Robinson & Cole LLP

Army Corps of Engineers Abandons New England General Permit - October 2014

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The U.S. Army Corps of Engineers, New England District, has decided to discontinue its plan for a regional general permit for activities within its jurisdiction that would have covered all six New England states. In 2013, the...more

Perkins Coie

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

Perkins Coie on

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

BakerHostetler

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

BakerHostetler on

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more

Allen Matkins

California Environmental Law and Policy Update - April 11, 2013

Allen Matkins on

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

BakerHostetler

Ohio Supreme Court: Oil and Gas Commission Cannot Review DNR Permit Decisions

BakerHostetler on

Yesterday the Ohio Supreme Court, in a 5-2 decision, ruled that the state’s Oil and Gas Commission lacks jurisdiction to hear appeals of drilling permits issued by the Ohio Department of Natural Resources (DNR)....more

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