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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...

 

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).

 

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...

 

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...

 

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.

 

HTMLEmPOWER Maryland: Seeking Opportunity in Maryland's Aggressive Energy Efficiency Standard
David W. Beugelmans, Todd R. Chason; Gordon Feinblatt LLC;
Legal Alert/Article
August 5, 2016, previously published on June 8, 2016
The EmPOWER Maryland Energy Efficiency Act of 2008 ("EmPOWER") requires Maryland's electric utilities to achieve energy savings through a managed portfolio of energy efficiency programs administered by the utilities and overseen by the Maryland Public Service Commission (the...

 

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.,...

 

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.

 

HTMLEPA's New RMP Modernization Rule May Result in Legal Challenges
Juan J. Miranda; Taylor, Porter, Brooks & Phillips, L.L.P.;
Legal Alert/Article
August 4, 2016, previously published on July 27, 2016
In the coming weeks, the U.S. Environmental Protection Agency (EPA) will release its Risk Management Plan (RMP) Modernization Rule, which applies to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. The proposed rule stems from President...

 

HTMLEPA Completes Cost-Benefit Analysis Required by U.S. Supreme Court
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
In a 5-4 decision in 2015 (Michigan v. EPA), the U.S. Supreme Court found that EPA should have considered costs when deciding to implement EPA’s Mercury and Air Toxics Standard for power plants (MATS) (Justice Scalia writing for the majority). On April 14, 2016, EPA posted online its...

 


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