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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23
January
2019
Sidley Environmental Trends
Topics discussed this week include:
- NRDC sues EPA over New Source Review permitting program.
- District court stays National Marine Fisheries Service case due to government shutdown.
- Environmental group sues to force EPA to ban methylene chloride under TSCA.
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07
January
2019
Sidley Environmental Trends
Topics discussed this week include:
- EPA and Corps propose new definition of Waters of the United States.
- EPA proposes to eliminate carbon capture requirements for coal plants.
- EPA releases draft rule rescinding power plant mercury rule.
- EPA issues final pharmaceutical waste rule.
- Senate confirms key environmental posts.
- Shutdown slows EPA and Justice Department.
- Northeastern states unveil “cap and invest” greenhouse gas program.
- New York proposes fluorinated chemical drinking water standards.
- California splits with Interior over Migratory Bird Treaty Act.
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27
November
2018
Sidley Environmental Trends
Topics discussed this week include:
- Fishermen’s trade association sues energy companies for alleged climate-change-related harms
- EPA releases draft toxicology assessments for two PFAS compounds
- EPA announces Cleaner Trucks Initiative
- EPA finalizes amendments to the petroleum refinery sector MACT 1, MACT 2 and NSPS regulations
- EPA proposes rule intended to clarify reporting requirements under CERCLA and EPCRA associated with air emissions from animal waste at farms
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15
November
2018
Sidley Environmental Trends
Topics discussed this week include:
- Environmental Protection Agency set to reinstitute 2009 definition of “project aggregation” for New Source Review permitting program
- Federal appeals court stays climate change litigation trial
- Environmental Protection Agency renews dicamba registration for two years
- Environmental Protection Agency issues new guidance outlining deference to states and tribes
- Mott’s sued over trace amounts of synthetic pesticide found in “natural” applesauce
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31
October
2018
Sidley Environmental Trends
Topics discussed this week include:
- Supreme Court stays youths’ climate change suit pending review.
- EPA withdraws proposed uranium mining regulations.
- Environmental groups request Sixth Circuit reconsider Clean Water Act coal ash pond ruling.
- EPA Environmental Appeals Board rejects use of battery storage as BACT.
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18
October
2018
Sidley Environmental Trends
Topics discussed this week include
- Fifth Circuit allows possibility of injunctive relief for time-barred NSR claims.
- Supreme Court denies cert. for two environmental cases.
- Environmental groups challenge Oklahoma coal ash permitting scheme.
- FERC-approved pipelines stopped as Commission nominee gets hearing.
- PHMSA rescinds electronic braking rule for crude oil trains.
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24
September
2018
Sidley Environmental Trends
Topics discussed this week include
- EPA proposes rescinding Obama-era leak repair provisions for appliances using substitute refrigerants.
- BLM releases revised 2016 Methane and Waste Prevention Rule.
- EPA denies petitions by Delaware and Connecticut on cross-state emissions.
- D.C. Circuit upholds decision to vacate 2008 ozone NAAQS implementation rule.
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12
September
2018
Sidley Environmental Trends
Topics discussed this week include:
- Petitioners ask Supreme Court to weigh in on whether Clean Water Act regulates discharges through groundwater to waters of the United States
- EPA OECA issues guidance document on National Compliance Initiatives
- DOI seeks comment on its NRD regulations
- Eight states sue DOI, its Principal Deputy Solicitor, and FWS over MBTA guidance
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27
August
2018
Sidley Environmental Trends
Topics discussed this week include:
- EPA proposes Clean Power Plan replacement rule
- Court issues nationwide injunction enjoining EPA delay of effective date of Obama administration’s “Waters of the United States” Rule effectively reinstating the Rule in 26 states
- D.C. Circuit invalidates EPA’s delay of Obama administration Risk Management Plan Rule
- Montana judge orders State Department to supplement environmental analysis for Keystone XL Pipeline
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