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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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