News & Analysis as of

Comment Period Environmental Policies Regulatory Reform

Jones Day

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

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On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") issued a proposed rule to repeal all greenhouse gas ("GHG") emissions standards for fossil fuel-fired electric generating units ("EGUs") under § 111 of the...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

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On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

Burr & Forman

ADEM Proposes Revisions to its Recycling Rules – 15 Years in the Making

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After 15 years without significant revisions, the Alabama Department of Environmental Management (ADEM) is proposing an overhaul of its recycling rules.  The proposed regulations, which ADEM released for public notice and...more

Beveridge & Diamond PC

NEPA: Back to the Drawing Board

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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

Kilpatrick

Trump Administration Rescinds CEQ NEPA Implementing Regulations and Directs Federal Agencies to Revise NEPA Implementing...

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The National Environmental Policy Act (“NEPA”) requires an in-depth evaluation of the environmental impacts of federal actions, including actions by the federal agency itself, through issuance of a federal permit to private...more

DLA Piper

Maine DEP Proposes Currently Unavoidable Use Procedures for PFAS in Products Law

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Maine’s Department of Environmental Protection (DEP) recently published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per- and polyfluoroalkyl...more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Troutman Pepper Locke

California Proposes Significant Changes to Product Packaging Regulations

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What Happened - On Monday, October 14, 2024, the California Department of Resources Recycling and Recovery (CalRecyle) opened a public comment period on changes to the previously proposed regulations implementing the...more

Troutman Pepper Locke

EPA Revises HFC Rule for Refrigeration and Air Conditioning Products

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On December 26, 2023, the U.S. Environmental Protection Agency (EPA) published an Interim final rule updating its October final rule restricting the use of some hydrofluorocarbons (HFCs), a key substance used in refrigeration...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing Oblong Rocksnail, Once Believed Extinct

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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Nossaman LLP

Services Propose New Regulatory Revisions Under the Endangered Species Act

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On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more

Nelson Mullins Riley & Scarborough LLP

NEWMOA Releases First-of-its-kind PFAS Regional Draft Model Legislation for Public Comment

The Northeast Waste Management Officials’ Association (NEWMOA), a non-profit interstate association composed of members from environmental agencies in seven northeastern states, recently published draft model legislation that...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more

Environmental General Counsel PC

California Plastics Legislation: CalRecycle Workshop on PROs

On March 29, 2023, the California Department of Resources Recycling and Recovery (CalRecycle) held a workshop on Producer Responsibility Organizations (PROs) and forthcoming regulations under the Plastic Pollution Prevention...more

Nossaman LLP

Service Proposes to Overhaul ESA Permitting Regulations

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On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more

Nossaman LLP

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

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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

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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

Nossaman LLP

Service Proposes Listing and Critical Habitat Designation for Magnificent Snail

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For the magnificent ramshorn (Planorbella magnifica), a fresh-water snail species native to southeastern North Carolina, efforts to secure protection under the federal Endangered Species Act have progressed at a snail’s pace....more

Nossaman LLP

U.S. Fish and Wildlife Service Seeks Input On Conservation Banking Rules

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On July 27, 2022, the U.S. Fish and Wildlife Service (Service) published an advance notice of proposed rulemaking (ANPR) seeking comment on species conservation banking. Species conservation banking gives developers and other...more

Womble Bond Dickinson

CEQ Issues Interim CCUS Guidance

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On February 16th, the Council on Environmental Quality (“CEQ”) published an interim document to guide the regulation and permitting of carbon capture, utilization, and sequestration (“CCUS”) technologies....more

Nossaman LLP

Diminutive Desert Owl Makes Big Waves

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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

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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

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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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

Jones Day

EPA Proposes Methane Emission Regulation for Existing Oil and Gas Production

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After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more

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