News & Analysis as of

Permits

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

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

2026 NPDES Multi-Sector General Permit for Stormwater Discharges: Steel Manufacturers Association Comments on Proposed Federal...

The Steel Manufacturers Association (“SMA”) submitted May 19th comments to the United States Environmental Protection Agency (“EPA”) addressing: Proposed 2026 Multi-Sector General Permit for Stormwater Discharges...more

Winthrop & Weinstine, P.A.

From Lottery to Launch: What Comes Next for Minnesota Cannabis Licensees

On June 5, 2025, the Minnesota Office of Cannabis Management (“OCM”) held its first lottery for applicants seeking cannabis business license types that are available in limited quantities. This marks the first grant of...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Grant County Wood Utility...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Stella-Jones Corporation (“SJC”) entered into a May 21st Consent Administrative Order (“CAO”) addressing alleged violations of...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

Baker Botts L.L.P. on

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Pillsbury Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Troutman Pepper Locke on

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

WilmerHale

Supreme Court Decision in Seven County Advances Permitting Reform

WilmerHale on

In a much-anticipated decision, the U.S. Supreme Court made a major “course correction” to the law governing federal environmental reviews and permitting decisions for infrastructure and other projects under the National...more

Perkins Coie

DOI Exercises Authority Under Novel Emergency Authorities To Approve Uranium Mine

Perkins Coie on

Key Takeaways - -The Department of the Interior approved the reactivation of the Velvet-Wood uranium and vanadium mine using new emergency procedures issued pursuant to President Trump’s Executive Order 14156, which declared...more

Holland & Knight LLP

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

Holland & Knight LLP on

The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

Morgan Lewis

Renewables Under the New Administration: Navigating an Uncertain Roadmap

Morgan Lewis on

Recent policy shifts at the federal level have introduced significant variability to the US renewable energy sector. While demand for clean energy continues to grow, executive orders, regulatory changes, and evolving...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Activated Carbon Manufacturing Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into a May 12th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7491 25....more

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

Stormwater/2026 NPDES Multi-Sector General Permit for Industrial Discharges: Airports Council International Comments on Proposed...

The Airports Council International – North America (“ACI”) submitted May 19th comments to the United State Environmental Protection Agency (“EPA”) regarding the proposed Multi-Sector General Permit (“MSGP”) for stormwater...more

Cole Schotz

NYC City Council Takes Aim at Overabundance of Sidewalk Sheds

Cole Schotz on

That New York City, in particular Manhattan, is awash in sidewalk sheds is news to no one. This spring, the New York City Council passed several new bills with the intention of curtailing the number of sheds, as more than...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

Miller Starr Regalia on

Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

Robinson+Cole Environmental Law +

Project Opponents of Empire Wind Strike Back

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

Greenberg Glusker LLP on

On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

Morgan Lewis

Environmental Regulation Under the New Administration: Key Shifts and Implications for Industry

Morgan Lewis on

The first few months of the new US administration have brought sweeping changes to the country’s environmental regulatory landscape. Through a spate of executive orders, agency directives, and staffing restructurings, the...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Howard County Gypsum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

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

National Environmental Policy Act/Environmental Permitting: Council on Environmental Quality Issues Permitting Technology Action...

The Council on Environmental Quality (“CEQ”) issued what is titled: Permitting Technology Action Plan (“PTAP”). The PTAP is stated to have been developed in consultation with the National Energy Dominance Council and...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

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

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Hogan Lovells

A planning guide to microgeneration in commercial buildings in England

Hogan Lovells on

Energy is a hot topic for this Labour government, which has an aim of clean energy by 2030. Indeed, they were quick to announce their plan to create Great British Energy, a publicly-owned energy company, and swiftly removed...more

Latham & Watkins LLP

EPA Proposes Granting Arizona Primacy for All Classes of Injection Wells

Latham & Watkins LLP on

The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more

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