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District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric...more

6/4/2021  /  Clean Water Act , FERC , Permits , Section 404

Clean Energy Groups Ask FERC for Transparency Into “Anti-Climate” Groups

On March 17, 2021, a coalition of environmental organizations and clean energy groups led by the Center for Biological Diversity (CBD) petitioned the Federal Energy Regulatory Commission (FERC) for a rulemaking that would...more

EPA Announces Reconsideration and Potential Revision of the Clean Water Act Section 401 Final Rule

On May 27, the Environmental Protection Agency (EPA) announced its intent to reconsider the Clean Water Act (CWA) Section 401 final rule issued by the Trump administration in June 2020 (Final Rule)....more

Judge Does Not Require Dam to Alter Water Flows for ESA Species Protection

On April 15, Judge André Birotte Jr. for the U.S. District Court for the Central District of California determined that the U.S. Bureau of Reclamation’s (Bureau) operation of the Twitchell Dam with certain water flows did not...more

Environmental Justice to Play Significant Role in Air Permitting Process Under Biden Administration

Although environmental justice (EJ) is not a new concept in the context of air permitting, the Biden administration’s increased focus on identifying and addressing disproportionate environmental impacts on low-income...more

California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 Listing

On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible...more

SEC Announces Task Force to Enforce ESG Disclosure Requirements

The Securities and Exchange Commission (SEC) announced the creation of a new task force on March 4 to address violations of environmental, social, and governance-related (ESG) disclosure requirements. The Climate and ESG Task...more

Mandatory GHG Corporate Disclosure Bill Introduced in California

A California state legislator has introduced a bill that would require large corporations doing business in the state to publicly disclose their greenhouse gas emissions (GHGs). The bill, titled the Climate Corporate...more

Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in...more

California Proposes to Significantly Limit the Use of Proposition 65 Short-Form Warning

On January 8, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as...more

FWS Finalizes Rule for Excluding Areas from Critical Habitat Designations

The U.S. Fish and Wildlife Service (FWS) continues its push to finalize pending rules before the new administration takes office next year. Following a publication of a final rule defining “habitat” under the Endangered...more

Fish and Wildlife Service Issues “Warranted but Precluded” Finding for Monarch Butterfly

In accordance with a settlement between the U.S. Fish and Wildlife Service (FWS) and the Center for Biological Diversity (CBD), the FWS was required to make an Endangered Species Act (ESA) listing determination for the...more

Final Rule Defining “Habitat” under the Endangered Species Act Issued

In a case involving the question of when unoccupied habitat may be designated “critical habitat” under the Endangered Species Act (ESA), the U.S. Supreme Court held that critical habitat land must first be habitat before it...more

California Classifies Solar Panels as Universal Waste

The California Department of Toxic Substances Control (DTSC) recently finalized long-awaited revisions to its hazardous waste regulations that will allow PV solar panels to be managed as “universal waste” beginning on January...more

EPA Seeks to Expedite COVID-19 Disinfectant Long-Lasting Efficacy Claims Approvals

On October 14, the Environmental Protection Agency (EPA) issued new interim guidance to expedite approvals that would allow companies to make claims regarding the residual effectiveness of long-lasting surface disinfectants...more

FWS Issues Additional Habitat Proposal

In the wake of the U.S. Supreme Court’s decision in Weyerhaeuser Co. v. U.S. FWS, 139 S.Ct. 361 (2018), the United States Fish and Wildlife Service (FWS) has issued a series of proposals to refine the scope, meaning, and...more

Hydropower Report: July 2020

Our lead article this month concerns the Council on Environmental Quality’s (CEQ) long-awaited final rule on the National Environmental Policy Act (NEPA). The rule introduces sweeping changes to the NEPA regulations, aimed at...more

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