News & Analysis as of

Land-Use Permits Environmental Protection Agency (EPA)

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

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

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There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

Williams Mullen

Wetland Permitting in Virginia Made Murky by New Federal Rules and Corps District Staffing Shortages

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A combination of federal wetland regulatory actions presents substantial uncertainty for regulated parties as they navigate wetland delineation and permitting processes for their projects. These concerns are compounded in...more

Woods Rogers

Army Corps Changes Course on Jurisdictional Determinations

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On January 5, 2022, the U.S. Army Corps of Engineers (“USACE”) quietly released an announcement stating that it will not rely on approved jurisdictional determinations (“AJDs”) issued under the now-vacated Navigable Waters...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Foley Hoag LLP - Environmental Law

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

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

Steam Electric Power Plant/Clean Water Act: U.S. EPA Environmental Appeals Board Addresses Challenge to NPDES Permit

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 30th Opinion a challenge to a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

WilmerHale

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

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On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Allen Matkins

Sustainable Development and Land Use Update - August 2019 #3

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Focus - Amid housing crisis, Culver City is the latest city to cap rents - Los Angeles Times – August 13 - Culver City approved a temporary rent control measure this Tuesday, capping annual increases to 3 percent in...more

Foley Hoag LLP - Environmental Law

EPA Weighs In On Whether Discharges to Groundwater Can Be Subject to the CWA — You Won’t Be Surprised at the Answer

On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Detroit, Michigan Facility Complaint and Compliance Order

The United States Environmental Protection Agency (“EPA”) and DCI Aerotech Inc. (“DCI”) executed a Complaint and Compliance Order (“Order”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”)...more

Foley & Lardner LLP

Oilfield Operators Take Note: EPA is Poised to Relax Your Vapor Monitoring Deadlines and Streamline Your Bureaucratic Layers

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Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and U.S. Department of Navy Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and the United States Department of Navy (“Navy”) entered into a June 4th Consent Agreement and Final Order (“Consent Agreement”) addressing alleged violations of the...more

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

UIC Class II-D Permit: Plume, Pennsylvania U.S. EPA Environmental Appeals Board Petition for Review

The Borough of Plum, Pennsylvania (“Plum”) filed an April 2nd Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Appeals Board (“EAB”) of a UIC Class II-D Permit (“Permit”)...more

Schwabe, Williamson & Wyatt PC

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

Ward and Smith, P.A.

The 2018 North Carolina Chamber Environmental Compliance Conference

Ward and Smith, P.A. on

The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide updates and advice on environmental compliance regarding air,...more

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

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Foley & Lardner LLP

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

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In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

Jones Day

The Climate Report - Fall 2017

Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

Allen Matkins

California Environmental Law & Policy Update - July 2017

Allen Matkins on

Environmental and Policy Focus - California Supreme Court upholds restrictions on Encinitas seawall - San Diego Union-Tribune - Jul 6 - The California Supreme Court dealt a blow Thursday to two coastal property...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

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Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

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