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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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