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Environmental Protection Agency Releases Clean Power Plan Replacement
This morning, the EPA released its proposed replacement for the CPP titled the "Affordable Clean Energy Rule," which would regulate greenhouse gas emissions at existing coal-fired power plants.
United States
30 Aug 2018
South Carolina Court Decision Makes The WOTUS Rule Effective In 26 States
Last Thursday, in South Carolina Coastal Conservation League v. Pruitt, South Carolina Federal District Court Judge Norton issued an order which made the Waters of the United States (WOTUS) Rule
United States
28 Aug 2018
Trump Administration Proposes Broad Changes To Endangered Species Act
On July 20, the U.S. Fish Wildlife Service ("USFWS") and National Marine Fisheries Service ("NMFS") (collectively, the "Services") released pre-publication versions of three proposed rules ...
United States
26 Jul 2018
SCOTUS Overrules Special Master's Water Wars Decision, And Remands It Back For Further Consideration
The most recent development in the decades-long water wars between Georgia, Florida, and Alabama occurred today at the Supreme Court.
United States
9 Jul 2018
USFWS Scales Back Need For Incidental Take Permits For Habitat Modification
On April 26, 2018, the U.S. Fish and Wildlife Service ("FWS") issued a memorandum addressing the need for an incidental take permit ("ITP") ...
United States
14 May 2018
Major Rollbacks Of USFWS Regulations On The Way
On April 2, 2018, the U.S. Fish and Wildlife Service ("USFWS") submitted three proposed rules to the Office of Management and Budget ("OMB"), which is charged with reviewing every final...
United States
12 Apr 2018
EPA Proposes To Classify Aerosol Cans As Universal Waste
Today's proposal would add aerosol cans to the existing federal list of universal wastes.
United States
19 Mar 2018
Ninth Circuit Broadly Interprets Clean Water Act Jurisdiction
On February 1, 2018, the Ninth Circuit published Hawai'i Wildlife Fund v. County of Maui, which applied Clean Water Act (CWA) permitting requirements ...
United States
7 Feb 2018
Challenge To WOTUS Rule Heads Back To Georgia District Court
The case in the Southern District of Georgia involved a coalition of eleven states seeking to halt the implementation of the WOTUS Rule.
United States
30 Jan 2018
U.S. Supreme Court Agrees To Hear Challenge To Designation Of Unoccupied Habitat As Critical Habitat Under ESA
The scope and definition of critical habitat under Section 4 of the Endangered Species Act has been a controversial subject.
United States
29 Jan 2018
Supreme Court Decides Jurisdiction For WOTUS Rule Challenges
Today, in a much-anticipated decision, the Supreme Court unanimously held that district courts are the proper courts to hear challenges to the WOTUS Rule, an Obama-era regulation...
United States
23 Jan 2018
While Supreme Court Denies Petition For Appeal In Jobs Suit, EPA Plans To Revive Employment Impact Analyses
Section 321(a) requires EPA to evaluate the potential for plant closures and job losses resulting from regulation and/or enforcement under the Act.
United States
11 Jan 2018
Trump Administration Narrows The Scope Of The Migratory Bird Treaty Act
On December 22, 2017, the U.S. Department of Interior (DOI) reversed course and issued a Memorandum interpreting the scope of criminal liability ...
United States
4 Jan 2018
EPA Asks Court To Remand Certain CCR Rule Provisions
On November 7, EPA filed a motion asking the D.C. Circuit to remand certain provisions of the CCR Rule for the Agency's reconsideration.
United States
28 Nov 2017
USFWS Seeks Comments On Compensation Goals In Recently Issued Species Mitigation Policies
Previously, we reported on the U.S. Fish and Wildlife Service's ("USFWS") issuance of the final ESA Compensatory Mitigation Policy ("ESA-CMP"), the first comprehensive treatment of compensatory ...
United States
21 Nov 2017
NMFS Designates Critical Habitat For Atlantic Sturgeon
On August 17, 2017, the National Marine Fisheries Service (NMFS) published in the Federal Register a final rule designating over 3,900 river miles along the east coast as critical habitat...
United States
7 Sep 2017
Environmental Protection Agency Issues Guidance On Approving State Permit Programs Under The WIIN Act
On August 15, 2017, EPA issued non-binding guidance providing insight of EPA's expectations for states to assume regulation authority over coal combustion residuals (CCRs).
United States
7 Sep 2017
California Extends Greenhouse Gas Cap-And-Trade Program Through 2030
On July 25, California Governor Jerry Brown signed into law Assembly Bill 398, an extension of California's greenhouse gas (GHG) cap-and-trade program through 2030.
United States
23 Aug 2017
Fourth Circuit Nixes EPA Coal Jobs Review Requirement
Yesterday, the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit" or "the court") vacated a federal district court's order requiring EPA to account for the economic impacts of Clean Air Act ("CAA") regulations.
United States
30 Jun 2017
Updates In Industry Challenge To Hazardous Waste Generator Improvements Rule
As we previously reported, industry groups, including the American Chemistry Council, challenged the final Hazardous Waste Generator Improvements Rule ("Final Rule") in the Court of Appeals...
United States
9 May 2017
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