17
July
2019
Sidley Environmental Trends
Topics discussed this week include:
- EPA proposes to decline to set CERCLA financial assurance rule for electric power industry.
- D.C. Circuit upholds RCRA transfer-based exclusion.
- EPA proposes renewable volume obligations for 2020.
- EPA issues final enforcement policy on coordination with and delegation to states.
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03
July
2019
Sidley Environmental Trends
Topics discussed this week:
- EPA finalizes Clean Power Plan repeal and promulgates Affordable Clean Energy rule
- U.S. Senate passes defense bill with PFAS requirements
- Council on Environmental Quality issues draft guidance on considering GHGs in environmental impact reviews
- Solicitor General asks for Supreme Court review of Atlantic Coast Pipeline decision
- EPA air chief steps down
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03
June
2019
Sidley Environmental Trends
Topics discussed this week include:
- EPA to allow sales of higher ethanol fuel in the summer
- EPA finalizes guidance on PM2.5 requirements
- Clean Water Rule remanded by one federal court, held in effect by another
- EPA Administrator issues memo on cost-benefit analysis in rulemakings
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30
May
2019
Sidley Environmental Trends
Topics discussed this week include:
- U.S. House and Senate hold hearings on per- and poly-fluoroalkyl substances (PFAS)
- D.C. Circuit issued two decisions related to small refinery exemptions to the Renewable Fuel Standard (RFS)
- California Department of Pesticide Regulation moves to ban chlorpyrifos in California
- Carbon capture and storage technology receives greater political support with new bill in the U.S. Senate
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08
May
2019
Sidley Environmental Trends
Topics discussed this week include:
- Clean Water Act groundwater case settlement proposed, potentially ending Supreme Court review
- EPA issues draft interim cleanup guidelines for PFAS in groundwater
- EPA reaffirms its stance that glyphosate does not pose risk to human health and is not carcinogenic
- Virginia will not join Regional Greenhouse Gas Initiative
- Federal Energy Regulatory Commission issues certificate for natural gas pipeline expansion in Northeast
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23
April
2019
Sidley Environmental Trends
Topics discussed this week include:
- EPA releases FY 2020-21 national program guidance.
- Third Circuit denies Navy’s rehearing request for PFAS ruling.
- State Attorneys General challenge EPA MATS proposed rule.
- Fifth Circuit vacates 2015 EPA wastewater regulations.
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09
April
2019
Sidley Environmental Trends
Topics discussed this week include:
- Courts dismiss challenges to advisory panel membership policy.
- Groups sue EPA for overdue spill regulations.
- Environmental groups threaten suit over oil dispersant guidelines.
- Court: Clean Air Act does not preempt odor nuisance claims.
- Court holds that long-defunct companies may still face CERCLA liability.
- New York close to banning plastic bags.
- Environmental groups sue Iowa, asserting constitutional right to clean water.
- Court strikes down Arctic drilling executive order.
- Court rejects foreign policy objection to denial of Clean Water Act certificate.
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12
March
2019
Sidley Environmental Trends
Topics discussed this week include
- EPA final rule on monitoring NOx at power plants takes effect
- EPA and Army Corps withdraw appeals on WOTUS Delay Rule
- D.C. Circuit rejects NEPA analysis for Dominion Energy
- Federal court says it has authority to impose injunctive relief for Ameren’s failure to obtain a required permit at its Rush Island facility
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27
February
2019
Sidley Environmental Trends
Topics discussed this week include:
- EPA issues PFAS action plan.
- Supreme Court to hear CWA case on discharges through groundwater to waters of the United States.
- District court dismisses lawsuit by environmental group and youth alleging that federal government violated their constitutional rights and public trust doctrine through Trump-era climate change policies.
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14
February
2019
Sidley Environmental Trends
Topics discussed this week include:
- Federal judicial interpretation of the Clean Water Act remains split
- Federal court holds states violated Clean Water Act for dam decommissioning
- Suit challenging President Trump’s 2-for-1 executive order survives motion to dismiss
- Fiat Chrysler enters Clean Air Act consent decree
- Audi engineers face mobile source “defeat device” criminal indictment
- Federal court vacates New York regulator’s denial of water quality certificate for natural gas pipeline
- Green New Deal nonbinding resolution proposed in Congress
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