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.
Sidley Environmental Trends
Topics discussed this week include:
- DOJ and EPA issue guidance documents with implications for environmental enforcement.
- EPA ends “once-in always-in” MACT policy.
- EPA delays applicability of WOTUS rule, prompting lawsuits.
- EPA issues proposed ROD Amendment for $236 million cleanup of West Lake Landfill Superfund Site.
- EPA releases FY 2017 enforcement results.
- Ninth Circuit holds that discharges through groundwater to waters of the United States are regulated under the Clean Water Act.
- White House infrastructure plan proposes major changes to NEPA permitting process for projects.
Sidley Environmental Trends
Topics discussed this week include:
- U.S. Supreme Court sends “waters of the U.S.” case back to the federal district courts.
- “Critical habitat” dusky gopher frog case to be heard by U.S. Supreme Court.
- Florida coastal waters will continue to be analyzed for oil and gas leases.
- EPA announces it will revisit 2017 Regional Haze Rule.
Sidley Environmental Trends
Topics discussed this week include:
- DOI proposes opening nearly all federal coastal waters to oil and gas drilling.
- BLM rescinds 2015 Obama administration fracking rule.
- EPA issues advance notice soliciting comment on Clean Power Plan substitutes.
- EPA draft risk assessment concludes that glyphosate is not likely carcinogenic to humans.
- Virginia DEQ publishes draft regulation to join RGGI.
Sidley Environmental Trends
Topics discussed this week include:
- EPA issues important New Source Review guidance.
- EPA announces decision not to issue final regulations for hardrock mining.
- EPA reaches Clean Air Act settlement with outdoor products manufacturer.
- Commission issues rules that would ban hydraulic fracturing within Delaware River Basin.
- Federal court upholds lower court ruling that North Dakota lacks standing to intervene to challenge EPA settlement.
- California Supreme Court decides that groundwater charges are neither taxes nor tied to property ownership.
Sidley Environmental Trends
Topics discussed this week include:
- EPA and Corps propose to delay Waters of the United States effective date.
- BLM opposes petition for panel rehearing in hydraulic fracturing appeal.
- D.C. Circuit weighs coal ash rule challenges and EPA effort to remand.
- Third Circuit hears argument on Delaware River Basin Commissions hydraulic fracturing moratorium.
- Environmental groups petition FERC for rehearing on Atlantic Coast Pipeline.
- EC reauthorizes glyphosate as study finds no cancer link.
- DOJ, EPA enforcement officials speak on environmental enforcement.
- EPA Assistant Administrator for Air and Radiation confirmed.
Sidley Environmental Trends
Topics discussed this week include:
- Two lawsuits allege that state and federal officials violated youth plaintiffs’ constitutional rights by failing to sufficiently fight climate change.
- EPA issues directive on advisory committees.
- EPA issues final attainment area designations for ozone NAAQS for most areas of the United States.
- EPA issues NODAs regarding 2016 NSPS for oil and gas industry.
- Senate confirms nominee for EPA Assistant Administrator for the Office of Air and Radiation.
- Ninth Circuit limits reach of RCRA’s antiduplication provision.
Sidley Environmental Trends
Topics discussed this week include:
- U.S. House of Representatives passes bill to end EPA’s “sue and settle” practice.
- EPA announces that public wastewater treatment plants air standards will remain unchanged.
- Interior Department issues report evaluating federal energy regulations.
- DOI announces sale of largest federal oil and gas lease in U.S. history.
- Sixth Circuit reinstates residents’ nuisance claim against Detroit refinery.
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.