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EPA Cannot Regulate Stormwater Flow, Only Pollutants in Stormwater

February 20, 2013

In a case of first impression, a federal court held last month that the Environmental Protection Agency (“EPA”) cannot regulate storm water flow in setting a total maximum daily load (TMDL) for impaired waters under the Clean Water Act (“CWA”).[1] The court found that EPA can only issue TMDLs for actual pollutants. More »

California Offset Program Upheld

February 11, 2013

Introduction

California’s carbon offset program was upheld on January 25, 2013 when Superior Court Judge Ernest Goldsmith rejected an effort by environmental groups in Citizens Climate Lobby and Our Children’s Earth Foundation v. California Air Resources Board, Case No. More »

Controversy Over LNG & Oil Exports Heats Up As Production Expands

February 11, 2013

In our article Energy Policy in the Second Obama Administration, we recently reported on a broad array of energy and energy-related environmental policies that will be addressed during President Obama’s second term – particularly policies that relate to the dramatic surge in domestic natural gas and oil produc More »

Roadless Rule Litigation Reaching End of the Road

February 11, 2013

After more than a decade of litigation over the management of roadless areas in national forests, several developments over the past months have brought this long and drawn-out fight nearly to a close. All but three states will be governed by the terms of the 2001 Roadless Rule, while Idaho’s and Colorado’s state-specific rules will govern roadless areas in those two states. More »

California Revisits CEQA, the State’s Controversial Environmental Review Statute

January 28, 2013

Introduction

California lawmakers are poised again this year to try to reform the state’s far-reaching environmental review statute known as “CEQA” – the California Environmental Quality Act. What may make this time different is the control of one party – the California Democratic Party – over both the Governorship and the state legislature. More »

Tax Legislation Sets Up Race to “Begin Construction” of Renewables Facilities by Year-End

January 28, 2013

When Congress sent the “fiscal cliff bill” – officially known as the American Taxpayer Relief Act of 2012 (ATRA)[1] – to the President for signature in early January, it also provided a lifeline to renewable energy development by extending – in modified form — el More »

Supreme Court Clarifies Definition of “Discharge” under CWA

January 22, 2013

The Supreme Court decided a case this month that everyone agreed the Ninth Circuit had gotten wrong – the scope of what constitutes a “discharge” under the Clean Water Act (CWA). The Court held that no discharge occurs when water flows from one portion of a river to another through a concrete flood control channel. More »

California Issues Draft Hydraulic Fracturing Rule — Alaska, South Dakota Also Announce New Regulations

January 22, 2013

Introduction

In the absence of comprehensive federal regulations governing hydraulic fracturing, several states have begun to adopt their own rules. More »