News & Analysis as of

Regulatory Requirements Permits

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

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Garfield County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more

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

2025 Louisiana Legislative Session: House Bill Proposed to Regulate Solar Facilities

House Bill No. 615 has been proposed in the 2025 Louisiana Legislative Session that would provide for the regulation of solar facilities. HB 615 would establish notice, permitting, and siting requirements for solar power...more

Ruder Ware

Zoning and Legal Compliance: Key to Successful Downtown Development

Ruder Ware on

For developers, adeptly navigating the intricate web of zoning laws and regulations is paramount to ensuring that projects not only comply with local ordinances but also align with community standards....more

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

Snell & Wilmer on

On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Holland & Knight LLP

Mexico's Energy Secretary Resumes Deadlines and Timeframes for CNH Matters

Holland & Knight LLP on

The Ministry of Energy (Secretaría de Energía or SENER) published on April 29, 2025, in the Federal Official Gazette, the "Agreement resuming the deadlines and terms for the reception and proceeding on matters within the...more

Pillsbury Winthrop Shaw Pittman LLP

White House Directs Modernization of NEPA Permitting to Accelerate Environmental Reviews

The Trump administration’s directive instructs the Council on Environmental Quality to implement technological reforms and establish a unified federal system to conduct environmental reviews and evaluate permits....more

Beveridge & Diamond PC

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

Beveridge & Diamond PC on

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

Vinson & Elkins LLP

Texas Renewables Roundup: 2025 Texas Legislature Update

Vinson & Elkins LLP on

The Texas Legislature has been debating several bills aimed at boosting dispatchable power in ERCOT while erecting new economic and permitting barriers for renewables. Texas lawmakers have expressed their growing concerns...more

Verrill

Mitigating Impacts of Solar Development on High Value Agricultural Land

Verrill on

The Maine Department of Agriculture, Conservation and Forestry issued final rules on Permitting Solar Energy Developments on High Value-Agricultural Land, with an effective date of April 20, 2025 (the “Rule”). The Rule...more

Dickinson Wright

Federal Agencies Ordered to Streamline Infrastructure Permits

Dickinson Wright on

On April 15, 2025, a Presidential Memorandum was issued directing agencies to leverage technology to evaluate environmental permitting decisions and to streamline the review process. The Memorandum directs executive...more

Akin Gump Strauss Hauer & Feld LLP

Updating Permitting Technology for the 21st Century (Trump EO Tracker)

Directs agencies to streamline environmental review and permitting processes for infrastructure projects by leveraging modern technologies. The Council on Environmental Quality (CEQ) must establish an interagency Permitting...more

Mayer Brown

ICMBio Updates Rules on Intervention in Environmental Licensing

Mayer Brown on

On April 3, 2025, Brazil’s Federal Environmental Agency for the protection of Conservation Units (“ICMBio”) published Normative Instruction No. 16/2025, modifying the procedures regulating its role as an intervening agency in...more

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

Pierce Atwood LLP on

The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Pell City Electrical Equipment Recycling Facility...

The Alabama Department of Environmental Management (“ADEM”) and TCI of Alabama, LLC (“TCI”) entered into a Consent Order (“CO”) to address alleged violations of the Alabama Hazardous Waste regulations. See Consent Order No....more

McGuireWoods LLP

Loudoun County Eliminates By-Right Use for Data Centers, Increasing Development Hurdles

McGuireWoods LLP on

At its March 18, 2025, business meeting, the Loudoun County Board of Supervisors voted 7-2 to approve a Zoning Ordinance amendment making data centers a special exception use in zoning districts in which they were previously...more

Williams Mullen

Environmental Notes - April 2025

Williams Mullen on

Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

Williams Mullen

Frequently Asked Air Questions (FAAQs): Synthetic Minor Permits, One-Time Doubling & Sham Permits

Williams Mullen on

Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

DLA Piper

Chile: Resumen de las Circulares División de Desarrollo Urbano Emitidas por el Ministerio de Vivienda y Urbanismo Durante Febrero...

DLA Piper on

Todos los meses, el Ministerio de Vivienda y Urbanismo emite Circulares de la División de Desarrollo Urbano (DDU). A continuación, presentamos un resumen de los aspectos principales de las DDU de los meses de febrero y marzo....more

Snell & Wilmer

Governor Newsom Issues Executive Order to Expedite the Rebuilding and Undergrounding of Utilities and Telecommunication...

Snell & Wilmer on

Quick Take On March 27, 2025, Governor Gavin Newsom issued Executive Order N-24-25 (the Order), suspending certain permitting requirements to help accelerate the rebuilding efforts of Altadena, Malibu, and Pacific Palisades...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

Allen Matkins

Renewable Energy Update 3.28.25

Allen Matkins on

The California Public Utilities Commission (CPUC) has approved new maintenance and operation standards for battery storage resources, including requiring facility owners to develop emergency response and emergency action...more

J.S. Held

PFAS Monitoring Requirements and Stormwater Pollution Prevention Under the 2026 NPDES Permit

J.S. Held on

On December 13, 2024, the United States Environmental Protection Agency (EPA) published a request for public comment for the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Baking Facility...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newly Weds Foods, LLC (“NWF”) entered into a March 25th Consent Administrative Order (“CAO”) addressing and alleged violation...more

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