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HTMLEPA 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;
Legal Alert/Article
June 17, 2015, previously published on June 2015
On 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...

 

HTMLCourt Of Appeals Upholds General Permit Procedures For Storm Water Discharge
E. Christopher Murray; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
June 17, 2015, previously published on May 2015
The 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...

 

HTMLEPA Carbon Rule Set for Release
McDonald Hopkins LLC;
Legal Alert/Article
June 15, 2015, previously published on June 5, 2015
The Obama administration’s full court press on climate change continues as the Environmental Protection Agency sends its rules on carbon emissions for existing power plants to the White House Office of Management and Budget for a final review, according to a website that tracks federal...

 

HTMLEnlarged Scope of Distribution of Information Contained in Files Held by Quebec's Public Bodies
Marie-Claude Bellemare, Sylvie Bouvette; Borden Ladner Gervais LLP;
Legal Alert/Article
June 15, 2015, previously published on June 3, 2015
Certain amendments to the Regulation respecting the distribution of information and the protection of personal information1 (the “Regulation”) came into force on April 1, 2015. The purpose of those amendments is to widen the scope of the information which some Québec public...

 

HTMLArkansas Electric and Others Seek Intervention in Suit over Haze Abatement Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 15, 2015, previously published on June 12, 2015
The Environmental Protection Agency (EPA) in March settled a suit with environmental group Sierra Club over an Arkansas Department of Environmental Quality haze plan required by federal law. A coalition of companies, including Arkansas Electric Cooperative Corp. and Entergy Arkansas, has filed a...

 

HTMLFreeport LNG Files Draft Resource Reports for Train 4 Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 15, 2015, previously published on June 12, 2015
Today, Freeport LNG filed draft Resource Reports 1 (General Project Description) and 10 (Alternatives) with FERC as part of the pre-filing environmental review of its Train 4 Project. The Train 4 Project consists of the construction of a fourth gas liquefaction train, with a production capacity of...

 

HTMLThe New Coal Combustion Residuals Rule - An Implementation and Enforcement Nightmare
John B. King, Valerie L. Mayhall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
June 15, 2015, previously published on May 2015
Almost 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...

 

HTMLFERC Pushes Back Environmental Review of Jordan Cove Energy Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 12, 2015, previously published on June 11, 2015
FERC released a revised schedule for its environmental review of the proposed Jordan Cove Energy Project, an LNG export terminal at Coos Bay, Ore., and the Pacific Connector Gas Pipeline, the interconnected pipeline. Due to the U.S. Department of the Interior Bureau of Land Management’s...

 

HTMLEPA Deemed "Ultimate Authority" For Ozone NAAQS
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 11, 2015, previously published on June 10, 2015
The U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Environmental Protection Agency (EPA) has the “ultimate authority” to determine whether an area is in attainment with national ambient air quality standards (NAAQS) for ozone. Many industry and...

 

HTMLEPA and U.S. Army Corps of Engineers Issue Final Wetlands Jurisdiction Regulations
Megan Marie Roberts-Satinsky, Charles R. Schaller, Benjamin S. Wechsler; Linowes and Blocher LLP;
Legal Alert/Article
June 11, 2015, previously published on May 29, 2015
On May 27, 2015 the Environmental Protection Agency and the United States Army Corps of Engineers finalized the long awaited rule clarifying the scope of federal Clean Water Act jurisdiction over wetlands (the "Final Rule"). The 297-page document is intended to address the regulatory...

 


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