News & Analysis as of

Department of Environmental Quality Environmental Policies

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

Ward and Smith, P.A.

Navigating Wetlands in Coastal North Carolina Real Estate Development

Ward and Smith, P.A. on

The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...more

King & Spalding

REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty

King & Spalding on

The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more

Tonkon Torp LLP

Oregon Considers Rulemaking to Add “Forever Chemicals” to Hazardous Substances List

Tonkon Torp LLP on

Perfluoroalkyl substances (PFAS) are a group of thousands of human-made chemicals that are resistant to heat, water, oil, and grease. These properties have made them popular for many decades for use in waterproof products,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Baking Facility...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newly Weds Foods, LLC (“NWF”) entered into a March 25th Consent Administrative Order (“CAO”) addressing and alleged violation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Air Curtain Incinerator...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Municipal Solid Waste Landfills: Oregon Legislation Introduced Addressing Surface Emissions Monitoring Requirements

Senate Bill 726 has been introduced into the 83rd Oregon Legislative Assembly which would address municipal solid waste landfills. The Bill would require the owner or operator of a municipal solid waste landfill to...more

Allen Matkins

The Future of Conservation Easements as Mitigation under CEQA

Allen Matkins on

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly House Bill Proposing Amendments to Petroleum Storage Tank Trust Fund

House Bill 1277 has been filed which proposes two revisions to the Arkansas Petroleum Storage Tank Trust Fund. The Bill is sponsored by Representative Zack Gramlich of Fort Smith and Senator Justin Boyd of Fort Smith....more

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly: Senate Bill 84 Prohibits Buffalo River and Other Watersheds Permitting Moratoriums

Senate Bill 84 has been introduced by Senator Blake Johnson of Corning and Representative DeAnn Vaught of Horatio prohibiting moratoriums in watersheds and other bodies of water....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pretreatment/Wastewater Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Pharmaceutical Manufacturing...

The Mississippi Commission on Environmental Quality and Natureplex entered into a May 3rd Agreed Order (“AO”) addressing alleged violations of the Clean Water Act Pretreatment Permit. See Order No. 7323 24. The AO...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

Holland & Hart LLP on

On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Statewide Solid Waste Management Plan: Arkansas Department of Energy and Environment - Division of Environmental Quality...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) issued a January 8th news release announcing that it will hold stakeholder meetings across Arkansas: …for better understanding...more

Jones Day

D.C. Circuit Finds Council on Environmental Quality's NEPA Regulations Are Unenforceable

Jones Day on

In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Williams Mullen

Carolinas Environmental Legislative Update

Williams Mullen on

Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Allen Matkins

Changes to the California Environmental Quality Act Enacted in 2023 - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

This article summarizes some of the most significant amendments to the California Environmental Quality Act (CEQA) that were enacted in 2023. Some housing laws that relate to CEQA are discussed in the article, “Recently...more

Environmental General Counsel PC

EPR Packaging Laws: Oregon's Program Plan Provides Roadmap for Compliance and Producer Fees

On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only contender for PRO in Oregon, submitted the first draft of its Program Plan (“the Plan”)...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

Allen Matkins on

Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Lincoln County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Lincoln County Detention Center (“Center”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Info/2023 Biennial Report: Arkansas Department of Energy & Environment - Division of Environmental Quality Announces Module...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a reminder that states: The 2023 Biennial Report module in RCRAInfo is now open to start capturing data....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Louisiana Bucket Brigade Petition to Object to Convent, Louisiana Direct Iron Ore Facility

Three individuals and the Louisiana Bucket Brigade and Inclusive Louisiana (collectively “LBB”) filed a December 12th Petition to Object (“Petition”) to a Clean Air Act Title V permit issued by the Louisiana Department of...more

Ward and Smith, P.A.

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

Husch Blackwell LLP

Construction Stormwater Permitting in Virginia

Husch Blackwell LLP on

Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Arkansas Department of Energy &...

Three Requests for Hearing and Adjudicatory Review (“Requests”) were filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more

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