News & Analysis as of

Environmental Protection Agency (EPA) Environmental Review

Hahn Loeser & Parks LLP

Environmental Obligations Hiding in Plain Sight

As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You...more

Stinson LLP

Council on Environmental Quality Publishes Phase 2 NEPA Rule

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On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

Perkins Coie on

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

King & Spalding

EPA Addresses Environmental Justice and Civil Rights in Permitting

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The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

Goulston & Storrs PC

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

Goulston & Storrs PC on

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

Allen Matkins on

EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #2

Allen Matkins on

Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #4

Allen Matkins on

Walmart sued for alleged dumping of hazardous waste in California landfills - Los Angeles Times – December 20 - A lawsuit filed last Monday in Alameda County Superior Court by the California attorney general and a...more

Foley Hoag LLP - Environmental Law

Environmental Impact Review and Environmental Justice: How Hard Will It Be To Merge the Two?

Environmental justice is clearly an idea whose time has – finally – come. The need to find the intersection between the search for racial justice and efforts to save the planet is undeniable. If we get it right, we’ll be at...more

Allen Matkins

California Environmental Law & Policy Update - May 2021 #2

Allen Matkins on

South Coast Air Quality Management District approves warehouse rule for air quality - ABC News – May 8 - The South Coast Air Quality Management District (SCAQMD) last Friday approved a Warehouse Indirect Source Rule,...more

Nossaman LLP

[Webinar] The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics? - April 15th, 11:00 am -...

Nossaman LLP on

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more

Wiley Rein LLP

EPA Fast Tracks “Long-Lasting” Antiviral Products for Use Against COVID-19

Wiley Rein LLP on

Companies interested in anti-microbial products and innovating during the COVID-19 pandemic should note a recent change in the U.S. Environmental Protection Agency’s (EPA) review process for long-lasting residual...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #3

Allen Matkins on

Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...more

Holland & Knight LLP

New Environmental Appeals Board Permit Appeal Procedures Take Effect Sept. 21, 2020

Holland & Knight LLP on

On Aug. 21, 2020, the U.S. Environmental Protection Agency (EPA) published its Final Rule, Streamlining Procedures for Permit Appeals, in the Federal Register (85 Fed. Reg. 51,650), which becomes effective Sept. 21 for all...more

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

Ethylene Oxide/Informing Area Residents About Health Concerns: U.S. EPA Office of Inspector General Issues Management Alert

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 31st management alert titled: Prompt Action Needed to Inform Residents Living Near Ethylene Oxide-Emitting...more

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

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

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

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

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

Affordable Clean Air Energy Rule/Clean Air Act: U.S. Environmental Protection Agency Issues Final Rule

The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more

Foley Hoag LLP - Environmental Law

Broken Record Department; EPA Loses Another Delay Case

On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA’s 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons. Because EPA did...more

Bricker Graydon LLP

Ohio EPA issues general permit authorization for storm water discharges

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On September 17, 2018, Ohio EPA issued its General Permit Authorization for Storm Water Discharges Associated with Construction Activity from Oil and Gas Linear Transmission Line and Gathering Line Installation (the General...more

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

Air Quality Dispersion Models Revision Process U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 5th report titled: EPA Can Strengthen Its Process for Revising Air Quality Dispersion Models that Predict...more

Burr & Forman

EPA To Assess Health Threat Posed By At Least Some PFAS Substances, But There Are Doubts About Objectivity

Burr & Forman on

EPA Administrator Scott Pruitt has announced an effort to assess the potential health risks posed by a class of chemicals known as per-and polyfluoroalkyl substances (PFAS) that have been found in significant concentrations...more

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