[Podcast] Catching Up on Canadian Environmental Regulation
The Great Green North: A Discussion on Canada’s Environmental Regulations
Recent Actions on Ag Biotech by EPA’s Emerging Technologies Branch
As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more
Last month, I advised plastics manufacturers to prepare for more litigation. Although I am generally loath to speculate, it already looks as though this prediction is coming true. Earlier this month, PennEnvironment and...more
Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more
The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more
The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022....more
In September 2022, the U.S. Environmental Protection Agency (EPA) Region 1 issued a decision to use its Clean Water Act (CWA) Residual Designation Authority (RDA) to require National Pollution Discharge Elimination System...more
The Association of Clean Water Administrators (“ACWA”) submitted November 3rd comments on a Memorandum United States Environmental Protection Agency (“ EPA”) issued on April 5th titled: Accelerating Nutrient Pollution...more
The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. - The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more
As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more
THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more
U.S. Environmental Protection Agency (“EPA”) Assistant Administrator for Water, Radhika Fox, issued an April 5th memorandum titled: Accelerating Nutrient Pollution Reductions in the Nation’s Waters (“Memorandum”)...more
On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more
New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more
The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge...more
• The Clean Water Act imposes permitting obligations on "point sources." • Should those obligations apply to railroad cars, which move freely from state to state? • The U.S. railroad industry has asked the Surface...more
That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more
Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more
OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more
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
Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”). As...more
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