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
On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA)....more
On May 18, the U.S. Court of Federal Claims decided the case of Gadsden Indus. Park, LLC v. U.S., ruling that the Environmental Protection Agency (EPA) was responsible for the “taking” of byproduct materials produced by the...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
On March 30, the U.S. District Court for the Northern District of California decided the case of Californians for Renewable Energy, et al., v. EPA. The plaintiffs, public interest organizations located in several states,...more
The Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA, also known also as Superfund) stringent hazardous substance release reporting requirements are set forth as Section 103 of Superfund. A...more
The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more
On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more
Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments:
1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will...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
On February 6, the new rule promulgated by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers which establishes an “applicability date” for the 2015 Rule redefining the regulatory definition of “Waters...more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have released a pre-publication copy of a Final Rule that was proposed on November 22, 2017 and which will soon be published in the...more
On January 29, the U.S. Court of Appeals for the Tenth Circuit became the latest federal Court of Appeals to issue a ruling reviving federal District Court challenges to the 2015 Environmental Protection Agency’s (EPA)/U.S....more
On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in...more
On January 24, the U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal of a decision by the U.S. District Court for the Southern District of Georgia that denied a preliminary injunction that would have enjoined...more
Yesterday, the U.S. Supreme Court issued a unanimous opinion in National Assoc. of Manufacturers v. Department of Defense, et al. (the WOTUS case). The Court held that the plain language of the Clean Water Act (CWA) requires...more
On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit granted a petition seeking a writ of mandamus to compel the Environmental Protection Agency (EPA) to promptly commence and conclude a long-promised...more
On December 29, 2017, the Montana Supreme Court decided an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund, case involving the application of Montana state law...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
The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more
12/21/2017
/ Bureau of Land Management ,
Clean Water Act ,
Department of Defense (DOD) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
NEPA ,
NPRM ,
RCRA ,
Regulatory Agenda ,
US Army Corps of Engineers ,
Waters of the United States
On December 8, the U.S. Court of Appeals for the First Circuit, in the case of Town of Westport, et al., v. Monsanto Company, et al., affirmed the District Court’s ruling granting the defendants’ Motion for Summary Judgment...more
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more
On November 2, the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited ruling in Ecological Rights Foundation v. Pacific Gas & Electric Company, which clarifies the Resource Conservation and Recovery Act’s...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