Your Guide to Emerging Issues in Environmental Regulation and Litigation.
As previously discussed in the Environmental Law Monitor, the Trump Administration has taken action throughout 2020 to narrow the scope of which wetlands and waterways are protected under the Clean Water Act (CWA). The recently limited rule took effect on June 22, 2020, which in essence, opens the doors for developers anxious to get to …
The state of California continued its crusade against the Trump Administration this month, filing a lawsuit against the U.S. EPA, challenging the agency’s replacement for the defunct 2015 Waters of the United States Rule (WOTUS). Sixteen other states joined the lawsuit, which was filed in the Northern District of California. The Army Corps of Engineers …
It would be hard to imagine there is anyone in the country who is unaffected, let alone unaware, of the dramatic steps imposed by federal, state, and local governments to slow the spread of the COVID-19 virus. However, government restrictions prohibiting the operation of many “non-essential” businesses, bans against large gatherings, “stay at home orders,” …
As the coronavirus continues to spread across the nation, states throughout the country are ordering citizens to stay at home and not report to work. All orders, however, contain carve out exceptions for essential or life-sustaining activities, such as providing health care, medicine, and food. Yet, these orders have created much uncertainty as to what …
Last week the North American Electric Reliability Corporation (NERC) and the Federal Energy Regulatory Commission (FERC) jointly announced the suspension of certain rules through July 31, 2020, in an effort to allow utility operators to “focus their resources on keeping people safe and the lights on during this unprecedented public health emergency.”[1] NERC, a nonprofit …
Many efforts in environmental law aim at enacting regulations to help clean up the environment. New York Gov. Andrew Cuomo submitted a bill that flips the script last week. The proposed law aims to clean up New York’s regulations about siting for and permitting renewable energy projects. Under the proposed law, a new office would be created …
The Council on Environmental Quality (CEQ) proposed a new rule on January 10, 2020 to alter the procedural provisions of the National Environmental Policy Act (NEPA). NEPA requires federal agencies to review the potential environmental effects of all federal, federally-assisted, and federally-licensed actions, and analyze potential alternative solutions before making a final decision on such actions. In essence, agencies are required to comply …
The original number of cases of Legionellosis reported by the Centers for Disease Control and Prevention (CDC) for calendar year 2018 was already at a record 8,356 cases. This November, that number was revised upward to 9,933 cases, representing an increase of 18.8 percent . Although Legionellosis includes both Legionnaires’ disease and Pontiac fever, the …
On October 30, 2019, the Illinois House of Representatives voted to approve legislation that would effectively ban the use of ethylene oxide, which is a chemical used for sterilizing the majority of medical devices found in hospital operating rooms and other health care settings. In moving forward with the legislation, Illinois lawmakers rejected warnings from …
New Jersey Gov. Phil Murphy announced a comprehensive statewide plan to address lead exposure throughout the state. “My comprehensive statewide plan brings together experts from our cabinet departments, stakeholders, and advocates to create strong partnerships and implement policies to protect New Jersey’s children and families from lead” the governor commented. “Together, guided by the actions …