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HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...

 

HTMLNatural Gas Pipeline Permitting Reform Act
Todd J. Griset; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 26, 2015
Last week, the U.S. House of Representatives voted to pass a bill to expedite federal review of some spects of proposed natural gas pipelines. Known as H.R. 161, the Natural Gas Pipeline Permitting Reform Act is officially summarized as providing for the "timely consideration of all licenses,...

 

HTMLFederal Court Holds Land Deposition of Air Emissions Can Constitute “Disposal” of “Solid Waste”
Christopher L. Bell; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 18, 2015
A federal district court ruled on March 10 that citizens may bring a RCRA imminent and substantial endangerment case based on the ground deposition of material emitted from a facility’s smoke stacks. The Little Hocking Water Assoc., Inc. v. E.I. du Pont Nemours & Co., 2015 BL 64422, S.D....

 

HTMLEnvironmental Appeals Board Issues Major TSCA 8(e) Decision
Christopher L. Bell; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 17, 2015
On March 13, EPA’s Environmental Appeals Board’s issued its long-awaited decision in the Elementis TSCA 8(e) case, reversing the ALJ’s decision imposing a multi-million dollar penalty on Elementis. In Re Elementis Chromium, Inc., TSCA Appeal No. 13-03 (March 13, 2015).

 

HTMLEPA Proposes Costly New Water Regulations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 26, 2015, previously published on March 25, 2015
The Environmental Protection Agency (EPA) has proposed new water regulations which would increase costs and require extensive permitting for power line construction and maintenance. At a hearing on the proposed rules, Russ Biggica of the Pennsylvania Rural Electric Association warned Congress that...

 

HTMLFERC and EPA's Clean Power Plan
Todd J. Griset; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 28, 2015
Following the U.S. Environmental Protection Agency's 2014 proposal to regulate carbon emissions from electric power plants and other major sources, federal energy regulators have scheduled a series of public technical conferences on how the Clean Power Plan may affect electric reliability,...

 

HTMLFERC Issues EIS for Algonquin Incremental Market Gas Project
Todd J. Griset; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 23, 2015
Staff of the Federal Energy Regulatory Commission have issued a final Environmental Impact Statement for a proposed natural gas transmission project connecting New York and New England. In that report, Commission staff found that Algonquin Gas Transmission, LLC's Algonquin Incremental Market...

 

HTMLElectricity Policy Shifts Are Gaining Momentum in New York
Dennis J. Hough, Stephen L. Teichler; Duane Morris LLP;
Legal Alert/Article
March 26, 2015, previously published on March 20, 2015
In what is likely to be a harbinger of changes to status quo retail electricity markets, services and grid planning, the New York State Public Service Commission (New York PSC) adopted a new policy framework that would significantly influence the development of the electricity industry for years to...

 

HTMLONRR Proposes Oil, Gas and Coal Royalty Reform
Jennifer L. Bradfute; Modrall Sperling;
Legal Alert/Article
March 25, 2015
In a time of declining oil prices, the Department of the Interior (DOI) through the Office of Natural Resources Revenue (ONRR) recently announced on January 6th a proposed rulemaking for royalty valuations on Federal oil and gas leases and Federal and Indian coal leases. See 80 Fed. Reg. 608,...

 

HTMLNew Climate Rules Will Impact Oil and Gas Industry
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
March 25, 2015, previously published on February 18, 2015
EPA continues to focus on the oil and gas sector in its relentless quest for reduction of methane and volatile organic compound (VOC) emissions. It now seeks to expand on the standards announced in 2012 for hydraulically fractured natural gas wells by having additional standards on a variety of...

 


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