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Newsletter Articles

Prospects for Hazardous Waste and Chemicals Regulation During the Obama Administration’s Second Term

December 3, 2012

Compared with some other items on the Obama Administration’s second term agenda, hazardous waste and chemicals regulation is not as likely to be seen as an area of significant change. That’s a mistake. A number of issues are percolating at or just below the surface of the Administration’s regulatory priorities in this area that may bring significant change over the next four years. More »

California Inaugurates Country’s First Carbon Credit Auction Under Cap-and-Trade

December 3, 2012

On November 14, 2012, the California Air Resources Board (“CARB”) took a big step to implement AB 32 – the state’s landmark climate change legislation – by conducting its long-anticipated first auction of tradable carbon allowances under a market-oriented cap-and-trade system for controlling statewide greenhouse gas (“GHG”) emissions. More »

Energy Policy in the Second Obama Administration

November 27, 2012

President Obama has described his administration’s energy policy as “all of the above.” His opponents have called it “picking winners and losers.” In practice, it has been driven by two significant changes in the nation’s energy landscape: a boom in private domestic oil and natural gas production, and concerted federal promotion of renewable energy development. More »

Ninth Circuit Invalidates Biological Opinion on Ruby Pipeline

November 27, 2012

Last month, the U.S. Court of Appeals for the Ninth Circuit invalidated ESA-related approvals for the western interstate Ruby Pipeline Project (Project). Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt., 698 F.3d 1101 (9th Cir. 2012) (Ruby Pipeline Opinion). The Court found that, during ESA consultation, the U.S. More »

EPA Expected to Issue Series of New and Revised Air Rules Before Year-End

November 19, 2012

Now that the election is over, EPA is expected to begin moving forward a crowded air docket, including greenhouse gas standards for utilities and refineries, updates to ambient air quality standards for particulate matter and ozone, and several rules that are being rewritten in response to legal challenges. More »

Hydraulic Fracturing in California: Oil Boom on the Horizon; Groups Seek Statewide Injunction Pending Review; State Considering Regulation

November 19, 2012

California has not been a battleground state in the debate over hydraulic fracturing. More »

EPA Updates Guidance on Water Recycling and Reuse

November 14, 2012

EPA recently released its 2012 Guidelines for Water Reuse (The Guidelines) addressing water recycling and reuse. In The Guidelines, the agency sets out in some detail various opportunities for communities to stretch scarce water resources to meet growing demands, while protecting the environment. More »

In Second Obama Term, Expect Significant Changes to Energy and Environmental Law

November 14, 2012

The Obama Administration is expected to advance major changes to energy and environmental laws in the next four years. There is already a backlog of pending legislation and proposed regulation to work through, and both environmental and industry groups will press for major reforms. More »