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|The First Circuit Circumscribes the Clean Water Act’s Citizen Enforcement Provisions|
Richard E. Stultz; Morris Polich & Purdy LLP;
August 22, 2016, previously published on August 2, 2016In a July 18, 2016, opinion, the First Circuit Court of Appeals affirmed the U.S. District Court for the District of Rhode Island’s decision for defendants in a citizen enforcement action brought under the Clean Water Act (CWA). Paolino v JF Realty LLC 2016 WL 3878158 (1st Cir. 2016). The...
|In Case You Missed It, A New Act Amends Wisconsin’s Managed Forest Law|
Evie M. Hightower; Sutherland Asbill & Brennan LLP;
August 19, 2016, previously published on August 17, 2016On April 14, 2016, Governor Scott Walker signed into law Wisconsin Senate Bill 434, a bill that significantly amends the Managed Forest Law (Sections 77.80 to 77.91, Wis. Stats.), thereby enacting the 2015 Wisconsin Act 3581 (the Act). Wisconsin legislators created the Managed Forest Law (MFL)...
|Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway|
Jessica E. Boily, David W. Bursey, Radha D. Curpen, Francco De Luca, Brad Gilmour; Bennett Jones LLP;
August 17, 2016, previously published on July 24, 2016On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the federal Cabinet's June 2014 approval of Enbridge’s Northern Gateway...
|CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews|
Francesca Ciliberti-Ayres, Howard L. Nelson; Greenberg Traurig, LLP;
August 16, 2016, previously published on August 4, 2016On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor...
|Evolution of Source Determination for Certain Emission Units in the Oil and Natural Gas Sector|
Casey F. Bradford, Thomas M. (Tom) Donnelly, Thomas A. (Tom) Hamilton, Jennifer M. (Jen) Hayes, Charles T. (Chuck) Wehland; Jones Day;
August 16, 2016, previously published on August 2016On August 2, 2016, the Environmental Protection Agency's ("EPA") final rule regarding the aggregation of physically separate emitting surface sites into a single source for permit determinations in the oil and natural gas industry took effect. This Source Determination for Certain...
|White House Issues Guidance Advising Agencies to Assess Climate Change in NEPA Reviews|
Reginald J. Clark, Jay Holloway, Susan G. Lafferty, Peter Ligh, David M. McCullough; Sutherland Asbill & Brennan LLP;
August 11, 2016, previously published on August 11, 2016On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in National Environmental Policy Act (NEPA) reviews.1 This final guidance comes after the first draft...
|Judge Blocks Fracking Rule|
Lance E. Shurtleff; Hall & Evans, LLC;
August 10, 2016, previously published on June 23, 2016U.S. District Court Judge Scott W. Skavdahl, sitting in Casper, Wyoming, issued a ruling late Tuesday, June 21, 2016, invalidating an Interior Department Rule setting stricter standards for hydraulic fracturing on public lands, saying that the Interior Department lacked the authority to issue it...
|State Law Preempts Local Regulation of Hydraulic Fracturing|
Malcolm S. Mead, Adam B. Wiens; Hall & Evans, LLC;
August 10, 2016, previously published on July 2016Despite competing views of the economic benefits and environmental impacts of hydraulic fracturing or "fracking," the Colorado Supreme Court issued two much anticipated opinions regarding whether the City of Longmont's ban and Fort Collins' moratorium on fracking and the storage and...
|President Signs Historic Toxic Substances Control Act Amendments|
Daniel Flynn, David A. Roth; Greenbaum, Rowe, Smith & Davis LLP;
August 10, 2016, previously published on July 2016On June 22, 2016, President Obama signed a bill that extensively reforms the federal Toxic Substances Control Act (TSCA).
|EPA Denies Request to Reconsider MATS Startup-Shutdown Rules|
Sutherland Asbill Brennan LLP;
August 9, 2016, previously published on August 9, 2016Last Friday the U.S. Environmental Protection Agency (EPA) denied a petition filed by environmental groups requesting that the EPA reconsider changes it had made to its Mercury and Air Toxics Standards (MATS) rule. The specific regulations at issue, which are now final, allowed certain operators of...