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|Sunset in Repose...|
James W. Walker; Vandeventer Black LLP;
June 22, 2015, previously published on June 2015Who doesn’t enjoy a beautiful sunset, right? Signals the end of another day gone forever. But what if the sun never sets?
|Most Claims Against Manufacturer Of Chemical Leaked Into West Water Supply To Proceed|
Sutherland Asbill Brennan LLP;
June 22, 2015, previously published on June 19, 2015The U.S. District Court for the Southern District of West Virginia determined earlier this month that the bulk of private plaintiffs’ claims against the manufacturer of the chemical that leaked into the Elk River and contaminated the Charleston-area water supply could continue. The plaintiffs...
|Important Changes to National Flood Insurance Program Effective as of April 1st|
Elizabeth F. Mason; Bernkopf Goodman LLP;
June 19, 2015, previously published on April 22, 2015The Federal Emergency Management Agency (“FEMA”) made important changes to the National Flood Insurance Program (“NFIP”) effective April 1, 2015. You should be aware of these changes and their potential impacts on your overall homeowner or business insurance program for two...
|California Governor Issues Drought Emergency Proclamation for 25-Percent Urban Water Conservation|
Jolie-Anne S. Ansley, Thomas M. Berliner, Colin L. Pearce; Duane Morris LLP;
June 18, 2015, previously published on April 3, 2015On April 1, 2015, California Governor Edmund G. Brown, Jr. issued an Executive Order to address the significant drought conditions in the state. This Alert provides a summary of the key measures, which are effective immediately.
|Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation|
Joan E. Drake; Modrall Sperling;
June 18, 2015, previously published on June 4, 2015On April 7, 2015, in Grand Canyon Trust v. Williams,1 the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service ("USFS") on claims brought by the Grand Canyon Trust ("Trust") that USFS violated the National Environmental...
|EPA, Corps of Engineers Issue New Clean Water Act Rule|
James W. Potter; Nexsen Pruet, LLC;
June 18, 2015, previously published on May 27, 2015On May 27, 2015 the EPA and the Corps of Engineers issued a prepublication version of its final rule to define "waters of the United States" 40 CFR 230. Soon the final rule will be published in the Federal Register and will take effect sixty days after publication.
|EPA Takes Final Action Requiring Revision of Startup, Shutdown, and Malfunction Air Regulations in 36 States|
Mary Beth Deemer, Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, Jane K. Murphy; Jones Day;
June 17, 2015, previously published on June 2015On May 22, 2015, the United States Environmental Protection Agency ("EPA") took a final action on a petition filed by the Sierra Club that will require revision of existing air regulations governing emissions during periods of startup, shutdown, and malfunction ("SSM") in 36...
|Final Clean Water Act Rulemaking: What is a Water of the United States?|
Joan E. Drake; Modrall Sperling;
June 17, 2015, previously published on June 2, 2015Final Rule Issued: On May 26, 2015, the Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps") issued their final rule defining the scope of "waters of the United States" regulated under the Clean Water Act ("CWA").1 The...
|Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge|
E. Christopher Murray; Ruskin Moscou Faltischek, P.C.;
June 17, 2015, previously published on May 2015The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation, recently rejected a challenge to the general permit procedures adopted by New York State for storm water discharge. Under the Clean Water Act and New York...
|The New Coal Combustion Residuals Rule - An Implementation and Enforcement Nightmare|
John B. King, Valerie L. Mayhall; Breazeale, Sachse & Wilson, L.L.P.;
June 15, 2015, previously published on May 2015Almost five years after the proposal, EPA has issued its final rule regarding the disposal and beneficial use of coal combustion residuals (CCRs). The rule establishes federal standards for landfills and surface impoundments in which CCRs are disposed. Importantly, though, the rule leaves the...