News & Analysis as of

Permits

Cole Schotz

NYC City Council Takes Aim at Overabundance of Sidewalk Sheds

Cole Schotz on

That New York City, in particular Manhattan, is awash in sidewalk sheds is news to no one. This spring, the New York City Council passed several new bills with the intention of curtailing the number of sheds, as more than...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

Miller Starr Regalia on

Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

Robinson+Cole Environmental Law +

Project Opponents of Empire Wind Strike Back

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

Greenberg Glusker LLP on

On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

Morgan Lewis

Environmental Regulation Under the New Administration: Key Shifts and Implications for Industry

Morgan Lewis on

The first few months of the new US administration have brought sweeping changes to the country’s environmental regulatory landscape. Through a spate of executive orders, agency directives, and staffing restructurings, the...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Howard County Gypsum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

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

National Environmental Policy Act/Environmental Permitting: Council on Environmental Quality Issues Permitting Technology Action...

The Council on Environmental Quality (“CEQ”) issued what is titled: Permitting Technology Action Plan (“PTAP”). The PTAP is stated to have been developed in consultation with the National Energy Dominance Council and...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

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

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Hogan Lovells

A planning guide to microgeneration in commercial buildings in England

Hogan Lovells on

Energy is a hot topic for this Labour government, which has an aim of clean energy by 2030. Indeed, they were quick to announce their plan to create Great British Energy, a publicly-owned energy company, and swiftly removed...more

Latham & Watkins LLP

EPA Proposes Granting Arizona Primacy for All Classes of Injection Wells

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The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more

Troutman Pepper Locke

Navigating Renewable Energy: Insights from the ACP Siting and Permitting Conference - Energy Law Insights

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Join Josh Kaplowitz and Morgan Gerard as they delve into key takeaways from the ACP Siting and Permitting Conference in Seattle. Discover emerging trends in renewable energy, including biodiversity goals, battery storage...more

Schwabe, Williamson & Wyatt PC

Inside the DOI’s Tribal Consultation on Energy & Workforce

On Tuesday, May 20, 2025, the Department of the Interior hosted a Tribal Consultation on Workforce Efficiency and Productivity (EO 14210) and Emergency Permitting Procedures to Strengthen Domestic Energy Supply in Anchorage,...more

K&L Gates LLP

Proposed Renewable Regulations in Texas Might Trigger Force Majeure and Change in Law Clauses

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The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

Morgan Lewis

France Attracts Major Data Center Investment: A Legal Framework Overview

Morgan Lewis on

Several major data center projects were announced at this year’s “Choose France” summit, which comes on the heels of the announcement of a €109 billion investment at the 2025 Artificial Intelligence Action Summit in Paris....more

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

Vinson & Elkins LLP on

On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

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

Air Enforcement: Missouri Department of Natural Resources and Sullivan Aluminum Parts Processing Facility Enter into...

The Missouri Department of Natural Resources (“MDNR”) and Huggins Metal Finishing, Inc. (“Huggins”) entered into an April 22nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

Carlton Fields

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

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President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews....more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

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On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

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

95th Arkansas General Assembly/Act 1009: Addressing Enforcement for Certain Types of Industrial Waste Disposal

Act 1009 was signed by Governor Sanders which amends the Arkansas Water and Air Pollution Control Act to require revocation of a permit for the disposal of industrial waste in an agricultural or pastoral application for a...more

Troutman Pepper Locke

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

Troutman Pepper Locke on

On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

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These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Nossaman LLP

Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

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In this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fordyce Railway Tank Car...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Transitech Inc. (“TI”) entered into an April 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

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