On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association...more
On April 10, 2024, the Environmental Protection Agency (EPA) issued the first ever National Primary Drinking Water Regulations (NPDWRs), which are legally enforceable national standards, setting limits for five individual...more
The Maine Department of Environmental Protection (DEP) has posted for public comment its draft Chapter 375 rulemaking, which would establish a compensation fee for solar, wind, and “high-impact transmission line” projects. ...more
The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more
Perhaps settling a debate that has been raging for at least 20 years, the U.S. Supreme Court issued a decision today in Sackett v. EPA that is intended to settle, once and for all, the scope of federal power over wetlands. ...more
As expected, and as described in our March 15 client alert, EPA today published in the Federal Register its first-ever National Primary Drinking Water Regulation (NPDWR) for six PFAS substances in drinking water....more
EPA has announced its first ever National Primary Drinking Water Regulation (NPDWR) proposal for six PFAS substances in drinking water. Importantly, EPA is proposing legally enforceable national standards, called Maximum...more
On January 9, 2023, the White House Council on Environmental Quality (CEQ) published new interim guidance intended to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects of project proposals...more
On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more
1/10/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Reform ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In response to increased solar development in Maine, the Land Use Planning Commission (LUPC) is proposing amendments to its rules regulating the permitting of solar energy generation facilities. With these proposed...more
Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA)....more
The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...more
In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more
As described at this week’s briefing of the Maine Legislature’s Environmental and Natural Resources (ENR) Committee, the Maine Department of Environmental Protection (DEP) is acting quickly on the suite of PFAS legislation...more
On September 28, 2021, the Maine Board of Environmental Protection approved a new policy on remote attendance at its meetings. The new policy, titled Policy Regarding Remote Participation in Board Proceedings, allows board...more
In March 2020, the U.S. Department of Justice Environment and Natural Resources Division (ENRD) issued a memorandum ceasing the use of Supplemental Environmental Projects (SEPs) as part of settlements of federal environmental...more
EPA encourages storage of PFAS and PFAS-containing materials rather than disposal
On December 18, 2020, the United States Environmental Protection Agency (EPA) released interim guidance on destruction and disposal of...more
On December 1, 2020, the Maine Climate Council released its final report, Maine Won’t Wait, A Four-Year Plan for Climate Action (the “Climate Plan”).
In June 2019, Maine Governor Janet Mills signed legislation creating the...more
Recently, the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more
The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more
Businesses and others that suspended environmental monitoring and reporting during the Coronavirus pandemic should plan to resume those activities as of September 1, 2020. ...more
Recognizing the need for citizens to gather and debate at town meetings, and in an effort to protect the health and safety of all those in attendance, the Maine Department of Economic and Community Development (DECD) has...more
The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more
6/12/2020
/ Air Pollution ,
Department of Environmental Protection ,
Energy Projects ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Permits ,
Pipelines ,
State and Local Government ,
Supply Shortages ,
Vacated
The COVID-19 pandemic has triggered many restrictions on travel and personnel, leading many businesses and industry groups to wonder whether companies will face enforcement actions if they fail to comply with environmental...more