The relationship between the federal government and American Indian Tribes has taken on new relevance following protests of the Dakota Access Pipeline project. In this light, the U.S. Nuclear Regulatory Commission (NRC) has been prescient in moving forward in a number of areas to clarify and improve its relationship with American Indian communities.
In an August 1, 2016 letter to the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA), the Renewable Fuels Association (RFA) called for an investigation into Renewable Identification Number (RIN) trading and recent increases in RIN prices. RINs are the currency used for compliance with EPA’s Renewable Volume Obligations under the Renewable
At the conclusion of its annual meeting earlier this month, the Western Governors’ Association adopted a broad policy resolution (2016-08) with specific recommendations for reform of the Endangered Species Act (16 U.S.C. § 1531 et seq.). Not surprisingly, these recommendations envision a greater role for states in the management of threatened species and their habitat,
On March 15, 2016, the United States Environmental Protection Agency (EPA) and the Commodity Futures Trading Commission (CFTC) signed a memorandum of understanding (MOU) on the “Sharing of Information Available to EPA Related to the Functioning of Renewable Fuel and Related Markets.” The MOU purports to respond to widespread concerns about fraud in the Renewable
On February 16, 2016, the U.S. District Court for the Southern District of New York approved a Consent Decree between environmental plaintiff groups and the U.S. Environmental Protection Agency that likely will result in comprehensive new requirements affecting companies that handle, store, transport or process hazardous substances. Envtl. Justice Health All. for Chem. Reform. v.
G2 LNG, LLC (G2) has awarded a contract for Federal Energy Regulatory Commission (FERC) Front End Engineering Design (FEED) engineering and FERC report pre-filing services to KBR Inc. for G2’s liquefied natural gas (LNG) export terminal on the Calcasieu Ship Channel in Louisiana.
Today the Environmental Protection Agency (“EPA”) published in the Federal Register a long-awaited proposed rule that would establish sector-specific requirements for the management of hazardous waste pharmaceuticals by a broad range of “healthcare facilities” (including hospitals, physician’s offices, long-term care facilities and retail pharmacies) and pharmaceutical reverse distributors. The proposed rule, Management Standards for Hazardous
The Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation’s criminal conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act’s (MBTA) ban on bird “takings” only prohibits intentional acts that directly kill migratory birds. In addition to the operation of oil and gas facilities, the Fifth Circuit
In a first-of-its-kind ruling and a significant victory for state wildlife agencies, landowners, ranchers, farmers, and the oil and gas industry in Texas, New Mexico, Oklahoma, Kansas, and Colorado, the U.S. District Court for the Western District of Texas, in Permian Basin Petroleum Association (PBPA) et al. v. Department of the Interior (DOI), et al.,
On August 3, 2015, the White House and the Environmental Protection Agency (“EPA”) released the final Clean Power Plan, which establishes national carbon emissions standards for existing power plants pursuant to section 111(d) of the Clean Air Act. The Plan is estimated to reduce carbon dioxide emissions by 32 percent from 2005 levels by 2030,
Delfin LNG LLC (Delfin) has submitted an application to the Maritime Administration (MARAD) and the United States Coast Guard (USCG) to construct, own, and operate the Delfin LNG Project (Port Delfin) under the Deepwater Port Act (DWPA). The proposed Project would be located approximately 50 miles off the coast of Cameron Parish, Louisiana in the
On June 29, 2015, the United States Supreme Court ruled that the Environmental Protection Agency (“EPA”) erred by failing to consider costs when deciding whether it was “appropriate and necessary” to regulate emissions of mercury and other hazardous air pollutants from power plants. See Michigan v. EPA, U.S., No. 14-46, slip op. (June 29, 2015).
A concise Friday announcement in the Federal Register, 80 Fed. Reg. 35,299 (June 19,2015), brings notice that the U.S. Forest Service has abandoned plans for major revisions of its groundwater management policy, Forest Service Manual 2560, at least for the time being. Although the Forest Service attributed its reversal to a determination that the “proposal does
The Fish and Wildlife Service is evaluating the development of an incidental take permitting program under the Migratory Bird Treaty Act (MBTA). The MBTA is a statute of very broad reach, prohibiting the killing of some 1,027 species of birds in the United States. The proposed program would affect planned energy and infrastructure projects that could
On 19 December 2014, the EPA placed on its website a controversial new rule on how coal ash is regulated when disposed in wet surface impoundments and dry landfills.
The Environmental Protection Agency published a proposal on 25 November 2014 to revise the Clean Air Act’s National Ambient Air Quality Standards for ozone.
On September 30, 2014, a three-judge panel of the United States Court of Appeals for the Ninth Circuit unanimously affirmed the U.S. District Court for the Northern District of California’s August 2013 ruling in Pharmaceutical Research and Manufacturers of America (PhRMA), et al. v. Alameda County, et. al., No. 13-136833, holding that Alameda County’s Safe Drug Disposal Ordinance is constitutional under the Commerce Clause of the U.S. Constitution.
On 19 May 2014, the U.S. Environmental Protection Agency (EPA) released a long-awaited final rule establishing requirements governing the location, design, construction, and capacity of cooling water intake structures (CWIS) at existing power generating and manufacturing facilities. Pursuant to section 316(b) of the Clean Water Act (CWA), the EPA is required to establish the “best
This CLE webinar will provide environmental counsel with an in-depth review of the EPA’s newly proposed revision that widely expands the reach of its rule defining “waters of the U.S.” The panel will examine the huge number of entities, businesses, and local governments that will be impacted as well as how—and the expected legal challenges
Secretary of the Interior Sally Jewell has released a Departmental report—including multiple “Near Term Policy Deliverables”—which responds to Secretarial Order No. 3330 (October 31, 2013). In her Order, the Secretary challenged the Department and its constituent agencies, acting through its Energy and Climate Change Task Force, to “develop a coordinated Department-wide strategy to strengthen mitigation
On 25 March 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a joint proposed rule defining the jurisdictional reach of the Clean Water Act (CWA). The agencies also simultaneously issued an immediately effective interpretive rule to exempt a list of discrete agricultural conservation practices from CWA regulation under
On 22 January 2014, the European Commission (Commission) published a “Recommendation on minimum principles for the exploration and production of hydrocarbons (such as shale gas) using high volume hydraulic fracturing” (Recommendation). The Recommendation sets out minimum core principles for the exploration and production of hydrocarbons (e.g., shale gas) using high-volume hydraulic fracturing. The Recommendation is
Secretary of the Interior Sally Jewell’s first Secretarial Order, S. 3330, directs DOI’s Energy and Climate Task Force to prepare a comprehensive mitigation strategy for development projects on federal lands. In a speech on October 31, Secretary Jewell first announced the new mitigation directive when she shared her vision of the Administration’s conservation agenda with
RCRA 2002(b) provides that each of EPA’s hazardous and nonhazardous waste rules “shall be reviewed [by EPA] and, where necessary, revised not less frequently than every three years.” Until recently, no one had used this provision to obtain a court established deadline by which EPA must review and revise a waste rule. In April 2012,