Environmental Law Monitor - Page 48 of 83

LATEST INSIGHTS

August 13, 2020 • Environmental Law Monitor, Litigation

Environmental Groups Raise Climate Change Concerns in New Suit Challenging Trump Administration’s Attempted NEPA Overhaul

Last week, a coalition of environmental groups filed suit in the Southern District of New York following the Trump Administration’s proposal to update the National Environmental Policy Act (NEPA)—the federal law that requires certain environmental reviews prior to the approval of major infrastructure projects. The lawsuit, Environmental Justice Health Alliance et al. v. Council on Environmental Quality et al., Civil Action No. 20-cv-6143, …

August 6, 2020 • CERCLA, Emerging Issues, Environmental Law Monitor, Ohio

Bona-Fide Improvement: Ohio Adds BFPP Defense to Hazardous Waste Liability

This summer, Ohio implemented a change in its hazardous waste law that will be welcomed news to purchasers of brownfields. The new law adds a bona-fide prospective purchaser (BFPP) affirmative defense that will make those who qualify for its protections “immune to liability” to the state under the state’s environmental laws. Additionally, the new defense …

August 6, 2020 • Environmental Law Monitor, EPA, New York, PFAS, Water Contamination

Empire State Adopts MCL for 1, 4-Dioxane, PFOA, and PFOS

On July 30, 2020, New York’s Public Health and Health Planning Council voted in support of maximum contaminant levels (MCLs) for PFOA and PFOS—the two most well-known per- and polyfluoroalkyl substances (PFAS). The Council voted to set the MCLs for both chemicals at 10 parts per trillion—among the lowest levels adopted by any state, and …

July 30, 2020 • Emissions, Environmental Law Monitor, EPA

Is a Watchdog’s Bark Worse Than its Bite? Inspector General Begins Probe of EPA’s New Vehicle Emissions Rule

The Office of the Inspector General of the United States Environmental Protection Agency is beginning an investigation into “potential irregularities” in the adoption of new regulations related to vehicle emissions. The evaluation arose after a former Environmental Protection Agency employee complained that career staff were not involved in the creation of the new rules. The …

July 30, 2020 • Emerging Issues, Environmental Law Monitor, Hydraulic Fracturing

Wave of Oil and Gas Bankruptcies Expected to Lead to Costly Cleanups

U.S. oil and gas companies have increasingly moved towards bankruptcy—particularly in recent months—amid a global price war and the spread of the COVID-19 pandemic, reducing demand. It is possible that nearly 250 oil and gas companies may file for bankruptcy protection by the end of 2021. This market crisis may soon bring about, and be …

July 16, 2020 • Clean Water Act, Emerging Issues, Environmental Law Monitor

Supreme Court Limits Prohibition on Streamlined Pipeline Permitting Process

Last week, Supreme Court Justice Elena Kagan issued an Order for the Supreme Court on a stay application, limiting a lower court decision that prohibited new pipeline projects from using Nationwide Permit 12 (NWP 12), a permit used for certain types of discharges in oil and gas infrastructure projects. The stay of the lower court …

July 9, 2020 • Emerging Issues, Environmental Law Monitor

Dakota Access Pipeline Shut Down

On July 6, 2020, a federal district judge ordered the Dakota Access Pipeline to shut down. The judge vacated the easement allowing the pipeline to cross beneath Lake Oahe, which stands near lands held sacred by several Sioux tribes, until the U.S. Army Corps of Engineers completes a full environmental impact statement (EIS) under the …

July 9, 2020 • Emerging Issues, Environmental Law Monitor

How Many Have Seen Schrödinger’s Cat?: D.C. Circuit Strikes Down FERC’s Longstanding Use of Tolling Orders in Response to Rehearing Requests

In Allegheny Defense Project, et al. v. FERC (Allegheny), the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, ruled last week that the Federal Energy Regulatory Commission (FERC or Commission) could not delay reconsideration of its approval of gas infrastructure projects for the purpose of postponing judicial review. In essence, in a …

July 1, 2020 • California, Emerging Issues, Environmental Law Monitor

Does This Mean My Trucker Hat is Cool Again? CARB Enacts First Mandate for Implementation of Zero-Emission Trucks in the U.S.

The California Air Resources Board (CARB) adopted a rule on June 25, 2020, setting a deadline of 2045 for all trucks sold in California to be zero-emission models. The rule is the first of its kind in the United States. Globally, the rule represents one of the most ambitious efforts to date to replace diesel …

June 25, 2020 • Clean Water Act, Colorado, Emerging Issues, Environmental Law Monitor

Outside of Colorado, the Navigable Waters Protection Rule Takes Effect

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 …