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HTMLCEQ 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;
Legal Alert/Article
August 16, 2016, previously published on August 4, 2016
On 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...

 

HTMLWhite 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;
Legal Alert/Article
August 11, 2016, previously published on August 11, 2016
On 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...

 

Adobe PDFPresident Signs Historic Toxic Substances Control Act Amendments
Daniel Flynn, David A. Roth; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
August 10, 2016, previously published on July 2016
On June 22, 2016, President Obama signed a bill that extensively reforms the federal Toxic Substances Control Act (TSCA).

 

HTMLJudge Blocks Fracking Rule
Lance E. Shurtleff; Hall & Evans, LLC;
Legal Alert/Article
August 10, 2016, previously published on June 23, 2016
U.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...

 

HTMLState Law Preempts Local Regulation of Hydraulic Fracturing
Malcolm S. Mead, Adam B. Wiens; Hall & Evans, LLC;
Legal Alert/Article
August 10, 2016, previously published on July 2016
Despite 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...

 

HTMLEPA Denies Request to Reconsider MATS Startup-Shutdown Rules
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 9, 2016, previously published on August 9, 2016
Last 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...

 

HTMLBrexit: Environmental Law Implications for the Chemicals Sector
Aonghus Heatley, Cate Sharp; Greenberg Traurig Maher LLP;
Legal Alert/Article
August 5, 2016, previously published on July 22, 2016
This note addresses the possible legal impact of Brexit on the chemicals sector. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK's referendum vote of 23 June 2016 to withdraw from the European Union.

 

HTMLSupreme Court Allows Landowners To Challenge Wetlands Determinations
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 5, 2016, previously published on June 10, 2016
The U.S. Supreme Court gave private property owners a victory last week in holding that a landowner can challenge an Army Corps of Engineers determination that its peat mining operation contained a wetland protected by the Clean Water Act. In the case of U.S. Army Corps of Engineers v. Hawkes Co.,...

 

HTMLEPA To Consider Emission Reductions At Ports
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
August 5, 2016, previously published on July 2016
EPA’s Clean Air Act Advisory Committee (CAAAC) is considering a workgroup’s novel strategy document outlining voluntary efforts to cut emissions from U.S. ports. It is likely that the program will soon be recommended to EPA for adoption.

 

HTMLNew Aggregation Rule Provides Clarity for Oil and Gas Industry
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
August 5, 2016, previously published on July 2016
EPA recently finalized a rule that provides a measure of clarity and certainty for permitting sources in the onshore oil and gas industry. The new rule, published at 81 Fed. Reg. 35622 (June 3, 2016), defines and clarifies the meaning of the term “adjacent” for determining when separate...

 


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