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General

18 December 2017

Sidley Environmental Trends

Topics discussed this week include:

  • EPA issues important New Source Review guidance.
  • EPA announces decision not to issue final regulations for hardrock mining.
  • EPA reaches Clean Air Act settlement with outdoor products manufacturer.
  • Commission issues rules that would ban hydraulic fracturing within Delaware River Basin.
  • Federal court upholds lower court ruling that North Dakota lacks standing to intervene to challenge EPA settlement.
  • California Supreme Court decides that groundwater charges are neither taxes nor tied to property ownership.

(more…)

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30 November 2017

Sidley Environmental Trends

Topics discussed this week include:

  • EPA and Corps propose to delay Waters of the United States effective date.
  • BLM opposes petition for panel rehearing in hydraulic fracturing appeal.
  • D.C. Circuit weighs coal ash rule challenges and EPA effort to remand.
  • Third Circuit hears argument on Delaware River Basin Commissions hydraulic fracturing moratorium.
  • Environmental groups petition FERC for rehearing on Atlantic Coast Pipeline.
  • EC reauthorizes glyphosate as study finds no cancer link.
  • DOJ, EPA enforcement officials speak on environmental enforcement.
  • EPA Assistant Administrator for Air and Radiation confirmed.

(more…)

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13 November 2017

Sidley Environmental Trends

Topics discussed this week include:

  • Two lawsuits allege that state and federal officials violated youth plaintiffs’ constitutional rights by failing to sufficiently fight climate change.
  • EPA issues directive on advisory committees.
  • EPA issues final attainment area designations for ozone NAAQS for most areas of the United States.
  • EPA issues NODAs regarding 2016 NSPS for oil and gas industry.
  • Senate confirms nominee for EPA Assistant Administrator for the Office of Air and Radiation.
  • Ninth Circuit limits reach of RCRA’s antiduplication provision.

(more…)

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02 November 2017

Sidley to Add Prominent Energy Capital Markets, M&A Team in Houston, Washington, D.C.

Houston – Sidley Austin LLP announced that it will add a highly sought-after team of five partners to its Capital Markets and M&A practices, four of whom – David Buck, Jon Daly, Angela Richards and George Vlahakos – will be based in its Houston office, with the remaining partner – Bill Cooper – splitting his time between Houston and Washington, D.C. Mr. Buck, Mr. Daly, Mr. Vlahakos and Mr. Cooper will join Sidley November 1, while Ms. Richards will follow in early December. Their arrival will solidify Sidley’s position as a destination firm for energy transactions. (more…)

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31 October 2017

Sidley Environmental Trends

Topics discussed this week include:

  • U.S. House of Representatives passes bill to end EPA’s “sue and settle” practice.
  • EPA announces that public wastewater treatment plants air standards will remain unchanged.
  • Interior Department issues report evaluating federal energy regulations.
  • DOI announces sale of largest federal oil and gas lease in U.S. history.
  • Sixth Circuit reinstates residents’ nuisance claim against Detroit refinery.

(more…)

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18 October 2017

Sidley Environmental Trends

Topics discussed this week include:

  • EPA announces plans to repeal the Clean Power Plan.
  • D.C. District Court permits oil to continue flowing through Dakota Access.
  • Supreme Court wades into Clean Water Act venue fight.
  • EPA issues memo and directive to end “Sue and Settle.”
  • Split Ohio Supreme Court denies writs of mandamus for fracking ballot amendment.

(more…)

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05 October 2017

Sidley Environmental Trends

Topics discussed this week include:

  • Maryland sues EPA to compel response to Clean Air Act 126 Petition.
  • C. Circuit denies request to invalidate EPA decision to stay landfill emissions rule.
  • EPA grants additional extensions for formaldehyde rule.
  • FERC issues supplemental EIS for Southeast Market Pipelines Project.
  • District Court affords deference to state interpretation of Clean Air Act.
  • EPA launches “Smart Sectors” program.
  • Safety commission orders rulemaking on flame retardants.
  • Court orders EPA to issue plans for fine particulate matter.

(more…)

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25 September 2017

Tenth Circuit Dismissal of BLM Hydraulic Fracturing Rule Leads to Regulatory Uncertainty

A September 27, 2017 decision by the U.S. Court of Appeals for the Tenth Circuit has created significant confusion on whether federal regulations governing hydraulic fracturing on federal and Indian lands are now in effect. At first blush, the decision appeared to be a victory for the states and industry groups that sued to block the regulations, but the court’s remedy — vacating a lower court decision striking down the rule — has left the U.S. Bureau of Land Management (BLM), states, industry and environmental groups with very different views about the current legal obligations for oil and gas companies operating on federal and Indian lands.  (more…)

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19 September 2017

Sidley Environmental Trends

Topics discussed this week include:

  • Environmental groups and attorneys general challenge delay of civil penalty increases for automakers.
  • Interior seeks to streamline environmental impact statements.
  • Landowner suit claims FERC eminent domain powers are unconstitutional.
  • EPA will reconsider coal ash disposal rule.
  • EPA postpones compliance with power plant effluent limitations.
  • Environmental groups threaten suit to compel oil and gas methane regulations.

(more…)

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15 September 2017

District Court Rules It Lacks Jurisdiction Over Claims for Future Climate Change Injuries

The U.S. District Court of the District of Massachusetts dismissed, in part, an environmental group’s challenge to a Boston Harbor terminal’s stormwater permit, claiming that the permit fails to protect the group’s members from future harm from climate change. The Conservation Law Foundation (CLF) filed a Clean Water Act and Resource Conservation and Recovery Act citizen suit in September 2016. Among other things, they argued the Everett Terminal’s Stormwater Pollution Prevention Plan, Spill Prevention, Control and Countermeasures Plan, and Facility Response Plan failed to account for petroleum product discharges that would occur in the future from sea level rise, storm surges, severe weather events and flooding caused by climate change. (more…)

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