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|SCOTUS Stays the Implementation of the Clean Power Plan|
Barry A. Naum, Derrick Price Williamson, David L. Yaussy; Spilman Thomas & Battle, PLLC;
February 18, 2016, previously published on February 11, 2016The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the Clean Power Plan represents President Obama's primary...
|FERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6|
Sutherland Asbill Brennan LLP;
February 15, 2016, previously published on February 12, 2016FERC has released its Environmental Assessment Report (EA) for Cameron LNG’s proposal to construct two additional liquefaction trains, Trains 5 and 6, at its LNG export terminal under construction near Hackberry, La. The EA concludes that, with recommended mitigation measures, construction of...
|Supreme Court Orders Temporary Halt to Clean Power Plan|
Joshua L. Belcher, Jay Holloway, Liz Williamson; Sutherland Asbill & Brennan LLP;
February 15, 2016, previously published on February 12, 2016On February 9, the U.S. Supreme Court delivered a major setback to the Obama Administration’s efforts to curb emissions of carbon dioxide from existing power plants in the U.S. In a 5-4 split decision, the Court granted several applications to stay the effectiveness of the U.S. Environmental...
|Stationary Sources No Longer Major Sources for Title V/PSD Purposes Based Solely on GHG Emissions|
Taylor Porter Brooks Phillips L.L.P.;
February 12, 2016, previously published on February 1, 2016LDEQ proposes to delete the major source threshold for greenhouse gases (GHGs), i.e., 100,000 tons per year (tpy) of carbon dioxide equivalents (CO2e), from the definitions of "major source" and "major stationary source," in its regulations governing Part 70 (Title V) operating...
|'Emission Shaming' - EPA's Latest Compliance Tactic And How To Protect Yourself|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
February 12, 2016, previously published on February 2016The Scarlet Letter, a book written over a century ago, is a tale in which public shaming was used to punish, modify behavior, and serve as a lesson for others. What is old is new again, as EPA has taken a page from Nathaniel Hawthorne to paint a regulatory scarlet "E" on otherwise...
|California Finalizes New "Lead Agency Website" Rulemaking under Proposition 65|
Leslie T. Krasny, Natalie E. Rainer, David G. Sarvadi; Keller and Heckman LLP;
February 12, 2016, previously published on February 4, 2016California’s Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, has finalized a rule that will establish a “Lead Agency Website” to provide additional information to consumers on exposure to listed chemicals.
|Draft Environmental Report Issued for Pacific NorthWest LNG Project|
Sutherland Asbill Brennan LLP;
February 12, 2016, previously published on February 11, 2016The Canadian Environmental Assessment Agency has released a draft environmental assessment for the Petronas-sponsored Pacific NorthWest LNG liquefaction and export terminal near Lelu Island, British Columbia. The report concludes that the Project is likely to cause significant adverse environmental...
|Flint Water Crisis Comes to Washington|
McDonald Hopkins LLC;
February 11, 2016, previously published on January 29, 2016The water crisis in Flint, Michigan, has made national news and now the crisis is making its way to the Hill. Sens. Gary Peters (D-MI) and Debbie Stabenow (D-MI) plan to introduce an amendment related to the Flint crisis. The amendment will be offered as part of the Senate's consideration of a...
|Audit and Small Business Compliance Policy Disclosures Now Subject to Mandatory Electronic Submission|
Thomas C. Berger, Gregory A. Clark; Keller and Heckman LLP;
February 8, 2016, previously published on January 26, 2016Beginning December 9, 2015, voluntary disclosures and related submissions to the U.S. Environmental Protection Agency (EPA) under the Agency’s “Audit Policy” and “Small Business Compliance Policy” must be made electronically using EPA’s new...
|2016 TSCA Chemical Data Reporting - Are You Prepared?|
Thomas C. Berger; Keller and Heckman LLP;
February 8, 2016, previously published on January 14, 2016The Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule (40 C.F.R. Part 711) will require U.S. manufacturers and importers of certain chemical substances to report information on these substances to the U.S. Environmental Protection Agency (EPA) by September 30, 2016. Industry...