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 »