News & Analysis as of

Permits Environmental Policies

Nossaman LLP

[Webinar] Recent Updates to Federal Environmental and Natural Resource Regulations - August 28th, 12:00 pm - 1:30 pm PT

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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Jefferson Parish, Louisiana...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 25th Order denying a petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the CF Industries...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis Connectors/Clamps Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and Connectors Castings, Inc. (“CCI”) entered into a June 13th Administrative Order on Consent (“Order”) addressing alleged violation of the Missouri Air Regulations. See...more

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Womble Bond Dickinson

Accelerating EU Mineral Permitting: The Critical Raw Materials Act

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In the latest article from our Striking the Balance: Permitting Reforms for Mining and the Energy Transition series, we explore the EU’s recent efforts to streamline the mine permitting process via the Critical Raw Materials...more

Lowndes

U.S. Army Corps of Engineers to Process Section 404 Permits While Florida’s Appeal is Pending

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On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404...more

Womble Bond Dickinson

The Impact of the National Environmental Policy Act (NEPA)

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In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they...more

Foley Hoag LLP - Environmental Law

Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations

Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts...more

Davis Wright Tremaine LLP

Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or...more

Mayer Brown

State of Louisiana Granted Primacy Over Class VI Wells

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Executive Summary - The State of Louisiana recently achieved a significant milestone in the regulation of the carbon capture and sequestration (CCS) industry by obtaining primary enforcement authority (primacy) over Class...more

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

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On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Mintz

The Judge's decision vacating EPA's approval of Florida's "dredge and fill" permit authority has serious implications for our...

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Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more

Holland & Knight LLP

Biden Administration Freezes LNG Export Approvals

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President Joe Biden on Jan. 26, 2024, announced a pause on pending decisions for permits to export liquified natural gas (LNG) to non-free trade agreement countries until the U.S. Department of Energy (DOE) can update the...more

Pierce Atwood LLP

DEP Proposes Substantive Changes to Administrative Rules

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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

Beveridge & Diamond PC

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V...

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On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented...more

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

Title V/Clean Air Act: Louisiana Bucket Brigade Petition to Object to Convent, Louisiana Direct Iron Ore Facility

Three individuals and the Louisiana Bucket Brigade and Inclusive Louisiana (collectively “LBB”) filed a December 12th Petition to Object (“Petition”) to a Clean Air Act Title V permit issued by the Louisiana Department of...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

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

Title V/Clean Air Act: US Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Delaware County,...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 2nd Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more

Jones Day

France Adopts Reindustrialization Measures

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In Short - The Situation: A new set of measures has been adopted in France which will promote "Green Industry" by streamlining environmental and industrial authorization and supporting low-carbon industrialization...more

Burr & Forman

Alabama Pushes Back on EPA Proposed CCR Program Denial

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In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Magnolia Crude Oil Terminal...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Delek Logistics Operating, LLC, (“Delek”) entered into a September 15th Consent Administrative Order (“CAO”) addressing alleged...more

K&L Gates LLP

Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

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The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September...more

Spilman Thomas & Battle, PLLC

Construction Stormwater Permitting Changes in Virginia

With recent changes to stormwater permitting in Virginia, the legal and practical implications of those changes need to be examined. Alex Turner, a member of the Virginia Bar and Spilman Thomas & Battle, PLLC’s Construction...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

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