Topics discussed this week include
- DOJ limits use of supplemental environmental projects in settlements with state and local governments
- D.C. Circuit limits EPA’s ability to roll back or freeze ozone national ambient air quality standards
- Trump administration updates Endangered Species Act regulations
- Citizen suit alleging a permit was issued or extended in violation of state and federal regulations cannot be brought against the holder of a valid permit
Three new rules issued by the Trump Administration may allow project developers to better plan future projects, and may encourage preservation and conservation efforts for both private and federal landowners. These rules, issued by the U.S. Fish and Wildlife Service, National Marine Fisheries Service and the National Oceanic and Atmospheric Administration, revise how the federal government will address critical habitat designations, protections for threatened species and interagency coordination under the Endangered Species Act.
The U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS) and the National Oceanic and Atmospheric Administration (NOAA) (the Agencies), have issued three rules revising how the federal government will address critical habitat designations, protections for threatened species and interagency coordination under the Endangered Species Act (ESA). The Agencies’ decisions have not yet been published in the Federal Register, but prepublication versions can be found here. The regulations will become effective 30 days after publication.
Topics discussed this week include:
- EPA issues first of three revisions to coal ash regulations
- EPA supports request to formally end Clean Power Plan litigation
- States sue NHTSA over rule reducing CAFE penalties
- EPA proposes to revise New Source Review standards
- EPA moves to dismiss claim seeking asbestos rulemaking under APA