The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by...more
On August 17, the U.S. Court of Appeals for the District of Columbia Circuit, in the case Air Alliance Houston, et al., v. EPA, vacated the Environmental Protection Agency’s (EPA) “Delay Rule.” ...more
On July 19, the U.S. District Court for the Southern District of New York decided the case of City of New York v. BP P.L.C., et al., granting the defendants’ motion to dismiss and dismissing the City of New York’s amended...more
On July 6, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club and Natural Resources Defense Council v. EPA. Senior Judge Sentelle, writing for a unanimous panel, mostly granted the environmental...more
The following notices were published yesterday:
1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more
Accelerating air permitting decisions will be very helpful to almost everyone in business. An important Presidential environmental policy memorandum dated April 12, 2018 directing the Administrator of the Environmental...more
Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation,...more
2/23/2018
/ Brownfield Properties ,
CEQ ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Infrastructure ,
Infrastructure Financing ,
US Army Corps of Engineers
Pursuant to the provisions of Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, the Office of the Secretary, Department of Homeland Security, in her “sole discretion” has...more
Public notice of some very significant regulatory actions has been provided in the waning days of 2017.
1. On December 28, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking...more
In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency...more
On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more
On July 3, the U.S. Court of Appeals for the District of Columbia held, in a 2 to 1 decision, that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to issue a temporary stay of its new...more
In a very complex, hard-fought case, U.S. District Judge David Hittner discusses how the Texas Commission on Environmental Quality’s (TCEQ) regulatory affirmative defenses to alleged Clean Air Act (CAA) violations will be...more
The new administration at the Environmental Protection Action has taken these actions:
- Reconsidering the New Methane Rules.
On June 3, 2016, pursuant to the Clean Air Act (CAA), EPA promulgated amendments to the...more
On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more
On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and...more
“Summer’s lease hath all too short a date.”
Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
10/17/2016
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Appointments Clause ,
Boilers ,
CERCLA ,
Chevron Deference ,
Clean Air Act ,
Clean Water Act ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Federal v State Law Application ,
Federal Vacancies Reform Act ,
FERC ,
Hawkes Co v United States Army Corps of Engineers ,
Incidental Take Permits ,
Lockheed Martin ,
Navarro v Encino Motorcars ,
NEPA ,
NLRB General Counsel ,
NLRB v SW General ,
Nuclear Regulatory Commission ,
Railways ,
Renewable Energy ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
US Fish and Wildlife Service ,
Waters of the United States
In the case of National Resources Defense Council , et al. , v. Illinois Power Resources, LLC and Illinois Power Resources Generating, LLC, decided August 23, 2016, the United States District Court for the Central of District...more
The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August:
- On August 8, the U.S....more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law.
...more
8/4/2016
/ Administrative Appointments ,
Administrative Procedure Act ,
Alaska ,
Appeals ,
Article III ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Clean Water Act ,
DAPA ,
Department of Homeland Security (DHS) ,
Electric Generation Suppliers ,
Electricity Costs ,
Energy Market ,
Energy Projects ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fair Labor Standards Act (FLSA) ,
Farm Bureau ,
Federal Power Act ,
Federal Vacancies Reform Act ,
FERC ,
FERC v Electric Power Supply Association ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Hughes v Talen Energy ,
Immigration ,
Immigration Reform ,
Injury-in-Fact ,
Inland Waterways ,
Land Parcels ,
Mercury ,
Murr v Wisconsin ,
National Park Service ,
Native American Issues ,
Navarro v Encino Motorcars ,
NLRB ,
Over-Time ,
Pollution Control ,
Preemption ,
Racketeering ,
Regulatory Takings ,
RICO ,
RJR Nabisco v European Community ,
RTO ,
SCOTUS ,
Service Advisors ,
Spokeo v Robins ,
Standing ,
Sturgeon v Frost ,
Takings Clause ,
TMDL ,
Tribal Lands ,
US v Texas ,
Utilities Sector ,
Utility Rates ,
Wage and Hour ,
Waters of the United States ,
Wholesale
On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more
Recently the U.S. Court of Appeals for the Fifth Circuit issued an important decision regarding the Clean Air Act (CAA) and the interactions between EPA and the states. On July 15, Fifth Circuit, in a unanimous ruling,...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016.
U.S. SUPREME COURT -
FERC Final Rule re...more
5/18/2016
/ CERCLA ,
Citizen Suits ,
Clean Air Act ,
Electricity ,
Endangered Species ,
Environmental Protection Agency (EPA) ,
FERC ,
FERC v Electric Power Supply Association ,
Food and Drug Administration (FDA) ,
Hawkes Co v United States Army Corps of Engineers ,
Hazardous Waste ,
Mining ,
RCRA ,
Statute of Limitations ,
Sturgeon v Frost ,
Tobacco ,
Utilities Sector
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more