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HTMLEPA’s Clean Water Act Jurisdiction Simplified? Think Again. The Devil is in the Definition.
Devin D. Parram; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
Yesterday, the U.S. Environmental Protection Agency (EPA) released the final version of the Clean Water Rule (CWR), which defines categories of water that are now subject to regulation without the need to perform a case-specific “significant nexus” determination.1 In doing so, the EPA...

 

HTMLEnvironmental Assessment of Woodfibre LNG Project Paused For First Nation Consultations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 3, 2015, previously published on July 2, 2015
The Vancouver Sun reports that the British Columbia (B.C.) Environmental Assessment Office has, at Woodfibre LNG’s request, suspended its review of Woodfibre LNG’s proposed 2.1 million metric tonnes/year liquefaction and LNG export terminal near Squamish, B.C., to permit Woodfibre LNG...

 

HTMLThe Other Shoe Did Not Drop
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
July 3, 2015, previously published on June 15, 2015
After almost five years of study, EPA has finally released an external draft report on the potential impacts of hydraulic fracturing, or fracking, on drinking water sources. EPA concluded there are no “widespread, systemic impacts” from fracking, and the “number of identified...

 

HTMLPapal Encyclical on Climate Change, The Environment, And The Poor
James Arnold Holtkamp; Holland & Hart LLP;
Legal Alert/Article
July 2, 2015, previously published on June 25, 2015
On June 18, 2015, the Vatican released the much anticipated Papal Encyclical on the environment, entitled “Laudato Si” (“Praise Be To You”) and subtitled “On Care for Our Common Home.” The 184-page document sets forth the moral basis for protection of the...

 

HTMLEPA/Corps of Engineers Release Final Rule Defining “Waters of the United States”
M. Benjamin Machlis; Holland & Hart LLP;
Legal Alert/Article
July 2, 2015, previously published on June 25, 2015
On May 27, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a pre-publication version of the much anticipated and controversial final rule revising the definition of “waters of the United States” for purposes of the Clean Water Act...

 

HTMLEPA Proposes to Regulate Greenhouse Gas Emissions from Aircraft
Marie Durrant, Emily C. Schilling; Holland & Hart LLP;
Legal Alert/Article
July 2, 2015, previously published on June 25, 2015
On June 10, 2015, the Environmental Protection Agency (EPA) issued a proposal finding that greenhouse gas (GHG) emissions from aircraft endanger public health and welfare. This “endangerment finding” is a key step under the Clean Air Act (CAA) that EPA must take before it can regulate...

 

HTMLUtah Legislature Passes Bills Affecting Air Quality and Environmental Permit Appeals 
M. Benjamin Machlis; Holland & Hart LLP;
Legal Alert/Article
July 2, 2015, previously published on June 25, 2015
During the 2015 legislative session Utah lawmakers passed several bills amending the laws governing the Utah Department of Environmental Quality (DEQ). Of particular interest to the oil, gas, and mining industries are House Bill 226 (HB226), which removed the provision prohibiting DEQ’s Air...

 

HTMLNorthern Long-Eared Bat Endangered Species Act Listing Will Have Immediate Consequences for Ongoing Development Projects
Megan Marie Roberts-Satinsky, Charles R. Schaller, Benjamin S. Wechsler; Linowes and Blocher LLP;
Legal Alert/Article
July 1, 2015, previously published on June 26, 2015
The northern long-eared bat was recently listed as a federally threatened species by the United States Fish and Wildlife Service ("USFWS"). If you are currently working on a project that requires the permanent clearing of more than one acre of forest, this listing decision has immediate...

 

HTMLEPA Mercury Emissions Rule Blocked
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 1, 2015, previously published on June 30, 2015
The U.S. Supreme Court ruled against the EPA’s mercury and air toxins emissions rules which have been in effect since 2011. In a 5-4 decision, the Court held that the EPA acted “unreasonably” by foregoing a cost analysis when regulating emissions under the Clean Air Act.

 

HTMLProposed Prince Rupert LNG Regulations Published
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 29, 2015, previously published on June 26, 2015
The proposed "Port of Prince Rupert Liquefied Natural Gas Facilities Regulations" were recently published in the Canada Gazette. According to the Regulatory Impact Analysis, there are four LNG export terminals proposed for Prince Rupert, British Columbia (B.C.), and while the B.C. Oil and...

 


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