News & Analysis as of

Rulemaking Process Environmental Policies Comment Period

Beveridge & Diamond PC

NEPA: Back to the Drawing Board

Beveridge & Diamond PC on

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of...more

Vorys, Sater, Seymour and Pease LLP

USEPA Releases Draft General Permit for Industrial Stormwater Discharges

On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP). The MSGP is a general permit that regulates...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Goldberg Segalla

EPA Being Pushed Off the Fence on Coal Ash

Goldberg Segalla on

With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for the Sickle Darter

Nossaman LLP on

On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more

Nossaman LLP

Service Proposes Listing Two California Salamander Species with Critical Habitat Designations

Nossaman LLP on

On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Nossaman LLP

Diminutive Desert Owl Makes Big Waves

Nossaman LLP on

On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

Stinson LLP on

On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Burr & Forman

The Continuing WOTUS Saga

Burr & Forman on

On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

Nossaman LLP on

On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

Nossaman LLP

Threatened Listing and 4(d) Rule for Texas Plant Species

Nossaman LLP on

On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the...more

Morgan Lewis

NRC Approves Publication of Proposed Nuclear Reactor Transitioning to Decommissioning Rule

Morgan Lewis on

The US Nuclear Regulatory Commission (NRC) approved publication in the Federal Register of a proposed rule, “Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning” on November 3,...more

Nossaman LLP

Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

Nossaman LLP on

On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

Nossaman LLP

U.S. Fish & Wildlife Service Proposes Listing Bog Buck Moth as Endangered

Nossaman LLP on

On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth (Hemileuca maia menyanthevora) (= H.iroquois) as endangered under the Endangered Species Act (ESA)....more

Troutman Pepper Locke

Notice of Proposed Rulemaking for NEPA Revisions Announced

Troutman Pepper Locke on

On October 7, the Council on Environmental Quality (CEQ) issued a Notice of Proposed Rulemaking (NOPR) to revise its regulations implementing the National Environmental Policy Act (NEPA), which requires federal agencies to...more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

Nossaman LLP on

In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Nossaman LLP

One Step Back for NEPA Regulations

Nossaman LLP on

On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more

Bilzin Sumberg

Proposed Designation of Critical Habitat for Beetle in Miami-Dade County

Bilzin Sumberg on

On September 7, 2021, the U.S. Fish and Wildlife Service (“FWS”), published notice of its proposal to designate critical habitat for the Miami tiger beetle under the Endangered Species Act (“Act”). In total, approximately...more

Stinson LLP

Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants

Stinson LLP on

On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more

Nossaman LLP

New POTUS, New WOTUS?

Nossaman LLP on

At the end of July, the Environmental Protection Agency (EPA) announced that the Biden administration will begin working to create a “durable definition” of Waters of the United States (WOTUS). EPA and U.S. Army Corps of...more

Allen Matkins

Proposed Rule in Southern California Imposes Compliance Obligations To Reduce Emissions from Large Trucks and Yard Equipment

Allen Matkins on

The South Coast Air Quality Management District (SCAQMD) recently released a 153-page preliminary draft staff report that analyzes one of its most controversial proposed rules in recent years: the Warehouse Indirect Source...more

Nossaman LLP

USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

Nossaman LLP on

On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more

59 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide