Sidley Environmental Trends
Topics discussed this week include
- Supplemental legal analysis provides additional support for Administration’s narrower interpretation of “waters of the United States”
- EPA proposes new volume requirements under Renewable Fuel Standard
- EPA extends comment period of advance notice of proposed rulemaking on cost-benefit analyses
- Rhode Island brings climate change suit against fossil fuel companies
- EPA proposes “close-out” of upwind states’ interstate air transport obligations under 2008 ozone standard
Sidley Environmental Trends
Topics discussed this week include:
- D.C. Circuit upholds the EPA’s “regional consistency” regulations
- Federal district court in Georgia enjoins implementation of WOTUS rule in 11 states
- The EPA approves Oklahoma CCR disposal plan
- CEQ issues ANPRM requesting comment on how to update NEPA’s implementing regulations
- ATSDR issues draft toxicological profile asserting that PFAS compounds may endanger human health at low levels
Sidley Environmental Trends
Topics discussed this week include:
- EPA proposes to reject Delaware and Maryland 126(b) petitions
- EPA declares intention to propose listing fluorochemicals as hazardous substances and to evaluate setting maximum contaminant levels
- EPA proposes to keep existing sulfur oxide primary-health NAAQS
- EPA solicits comment on regulatory cost/benefit decision-making process
- EPA sued over alleged delays in implementing federal pesticide rules
Sidley Environmental Trends
Topics discussed this week include:
- FERC decision sets limits on how greenhouse gas emissions are to be reviewed.
- EPA sued over hardrock mining financial responsibility rule decision.
- OSHA to update hazard communication standard to reflect GHS changes.
- EPA to finalize regulation on the use of paint-stripping chemical methylene chloride.
- Court dismisses suit challenging constitutionality of the Congressional Review Act.
- Court finds that one Prop 65 warning is enough in case against winemakers.
Sidley Environmental Trends
Topics discussed this week include:
- BLM appeals order blocking Waste Prevention Rule rescission.
- Supreme Court rejects pipeline, other environmental petitions.
- EPA proposes “secret science” rulemaking.
- States sue to vacate midterm evaluation.
- EPA issues six-month extension of time to respond to New York 126 Petition.
Sidley Environmental Trends
Topics discussed this week include
- EPA will streamline processes for issuing and implementing NAAQS
- EPA guidance revives Significant Impact Levels for NSR permitting
- IRS issues guidance on tax deductions for environmental settlement payments
- White House announces One Federal Decision framework for NEPA process
- EPA will not enforce 2015 restrictions on production and use of HFCs and will rewrite HFC regulations
Sidley Environmental Trends
Topics discussed this week include:
- EPA announces decision to revise GHG emission standards for light-duty vehicles.
- NGOs sue EPA for ending “once-in, always-in” MACT policy.
- EPA OECA Assistant Administrator issues memorandum requesting early notice of enforcement referrals to DOJ.
- EPA Administrator retains the authority for headquarters to make certain jurisdictional determinations under Clean Water Act.
- Coalition of states and cities sues EPA, alleging EPA must issue regulations governing methane emissions from existing oil and natural gas operations.
Sidley Environmental Trends
Topics discussed this week include:
- Administrator Pruitt releases new source review guidance memo, clarifying when emissions decreases are to be considered in the review process.
- California federal judge orders remand to state court of climate-change-related state tort claims — creating split in district court.
- Congress’s omnibus spending bill preserves the EPA budget and addresses other environmental issues such as pesticide funding and biomass emissions.
- DC Circuit upholds Cross-State Air Pollution Rule as part of EPA’s regional haze rule.
Sidley Environmental Trends
Topics discussed this week include:
- U.S. Court of Appeals sides with industry on definition of solid waste rule.
- Climate change nuisance suit to remain in federal court.
- Mandamus denied in climate change litigation.
- EPA proposes to allow aerosol can recycling.
- EPA dismisses civil rights claim against coal ash landfill.
- EPA finalizes selected changes to fugitive emission requirements for oil and natural gas sector.
- Bisphenol A has minimal health effects, FDA says.
- Court blocks Prop 65 labeling for glyphosate on free speech grounds.
Sidley Environmental Trends
Topics discussed this week include:
- Waters of the United States challenges proceed in district courts.
- Court dismisses challenge to “two-for-one” executive order.
- BLM proposes significant revisions to gas venting and flaring rule.
- Court preliminarily enjoins BLM methane suspension rule.
- EPA seeks comment on Clean Water Act discharges via groundwater.
- Environmental groups challenge offshore general discharge permits.
- EPA looks to settle renewable fuel standards suit.
- Environmental groups challenge Louisiana regional haze plan.
- Court ruled that EPA unlawfully extended deadline for formaldehyde rule.
- White House legislative outline attempts to speed infrastructure construction.
- Supreme Court denies certiorari for five environmental cases.
- Colorado issues new rules for gathering lines.