On January 16, 2020, the Washington Supreme Court (the “Supreme Court”) invalidated those portions of the Washington Clean Air Rule (“Rule”) that sought to regulate “indirect” emissions of greenhouse gases from businesses and...more
The Big Picture -
The Environmental Protection Agency (“EPA”) will get lots of tough love from Congress this year, especially from House Democrats, but don’t expect Congress to pass groundbreaking environmental legislation...more
On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more
Just yesterday, we issued an alert that discussed among other things the uncertainty surrounding California’s cap-and-trade program under Assembly Bill 32 (“AB 32”). Today, that uncertainty has been lessened considerably,...more
On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more
Last spring, the U.S. Fish and Wildlife Service (the “Service”) published a final rule to list the northern long-eared bat (the “Bat”) as a threatened species and an interim 4(d) rule under the Endangered Species Act (the...more
Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more
On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more
Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more