Newsletter Articles

California Cap and Trade Update: Low-Carbon Fuel Standard Enjoined. What Next?

January 25, 2012

On December 29, 2011, the U.S. District Court for the Eastern District of California (Judge O’Neill) issued two rulings that struck down California’s low carbon fuel program and enjoined its further enforcement. At least some commentators believe California’s recently-adopted cap-and-trade rules under AB32 could be similarly enjoined if the same types of challenges are brought. More »

Closely Watched Sackett Case Argued in Supreme Court

January 17, 2012

The U.S. Supreme Court heard oral argument on January 9, 2012 in Sackett, v. EPA,[1] a case that has the potential to change EPA administrative enforcement under the Clean Water Act (“CWA”). More »

Potential Sage Grouse Listing Continues to Shape Western Energy Development and Grazing Rights

January 17, 2012

At the close of 2011, the Bureau of Land Management (“BLM”) issued two instruction memoranda addressing land use planning and management measures for the Greater Sage-grouse (Centrocercus urophasiunus) in eleven Western states. The memoranda follow: 1) the U.S. More »

Washington State to Update Municipal Stormwater Permits; Comments Due February 3, 2012

January 10, 2012

The Washington Department of Ecology has released three updated municipal stormwater permits for public review and comment. The draft permits authorize stormwater discharges from public systems in urban areas. The permit updates will take effect in August 2013 and Ecology is accepting comments on the proposed permit modifications until February 3, 2012. More »

Ninth Circuit Finds Fish & Wildlife Failed to Adequately Account for Climate Impacts, Keeps Yellowstone Grizzlies on ESA List

January 10, 2012

The Ninth Circuit Court of Appeals recently affirmed a Montana district court ruling that blocked the U.S. Fish & Wildlife Service (the “Service”) from removing Yellowstone grizzly bears from the ESA’s threatened species list. Greater Yellowstone Coalition, Inc. v. Servheen, --- F.3d ----, 2011 WL 5840646 (9th Cir. 2011). More »

Mandatory Greenhouse Gas Reporting Begins; Some Deadlines Extended

December 14, 2011

EPA has adopted a one-time extension of the 2012 greenhouse gas (GHG) reporting deadline, from March 31 to September 28, 2012 for twelve source categories that were required to begin collecting greenhouse gas data in 2011.[1] Sources in 29 other categories that started collecting emission data in 2010, including oil refineries, pulp and paper m More »

Final Guidance Issued For Assessment of Health Risks From Soil Vapor At Contaminated Sites in California

December 14, 2011

The California Department of Toxic Substances Control (“DTSC”) recently published final guidance (the “Guidance”) to help developers, consultants, and regulators evaluate and mitigate vapor intrusion into buildings at contaminated sites.[1] The Guidance reflects an More »

EPA to Require CAFOs to Report Under New Clean Water Act Rules

December 6, 2011

EPA is taking comments on a proposed rule that could require all 20,000 concentrated animal feeding operations (CAFOs) in the United States to supply EPA with detailed information regarding their facilities, regardless of whether they are subject to wastewater discharge permits under the Clean Water Act (CWA). More »

Third Circuit Weighs in on Clean Water Act Jurisdiction Under Rapanos

December 6, 2011

The Third Circuit is the latest federal appeals court to attempt to decipher the U.S. Supreme Court’s Rapanos v. United States[1] decision. More »

Sackett Case Could Change EPA’s Enforcement of Federal Environmental Laws

October 24, 2011

Sackett, v. EPA, [1] one of two environmental cases currently on the Supreme Court’s 2011-12 docket, has the potential to change the way federal environmental statutes are enforced and how recipients of EPA orders respond to those orders. More »

DC District Court Puts Another Nail in Coffin of EPA Reliance on Guidance Documents

November 16, 2011

The U.S. District Court for the District of Columbia added its voice recently to the growing number of federal courts that have rejected agency reliance on guidance in lieu of rulemaking. More »

Hydraulic Fracturing: Legislative and Regulatory Trends

October 4, 2011

Hydraulic fracturing (commonly called “fracking”) is a method for increasing output at oil and natural gas wells by breaking open gas-bearing rock formations using high-pressure fluid injection. More »

Climate Change Ushers in New Era of Uncertainty for Water Resource Management

November 30, 2011

Scientists are seeing more climate change impacts on water availability – particularly in those areas dependent upon glacial and snow meltwater for agriculture. As water becomes available at different times of the year (or grows more scarce), controversies over water allocation will grow more common. More »

Pesticide Use Near U.S. Waters Falls Within NPDES Permitting Program

November 16, 2011

After years of debate stemming from a 2009 court order, EPA has released a final general permit governing the use of pesticides in and near lakes, rivers, and other navigable waters. At least 365,000 pesticide applicators, including farmers, forestland owners, and public land managers, must now seek permit coverage. More »

Final Guidance Issued For Assessment of Health Risks From Soil Vapor At Contaminated Sites in California

December 14, 2011

Closely Watched Sackett Case Argued in Supreme Court

January 17, 2012

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