Oct 182018
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.
Sep 242018
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.
Sep 122018
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
Aug 272018
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
Aug 132018
Sidley Environmental Trends
Topics discussed this week include:
- Manufacturer held liable for asbestos-related injury stemming from replacement parts it did not make.
- Novel watershed permit issued for Cape Cod towns.
- CERCLA claims constitutionally barred against state government entities.
- EPA to revisit Wood Heater New Source Performance Standards.
- BLM must consider downstream greenhouse gas releases under NEPA.
Jul 312018
Sidley Environmental Trends
Topics discussed this week include:
- “Exceptional events” rule upheld.
- New York City climate change tort suit dismissed.
- Courts of appeal rule on pipeline projects.
- EPA revises coal ash disposal rules.
- BLM announces end to compensatory mitigation requirements.
- Environmental group appeals stay of 2015 Waters of the U.S. Rule.
Jul 162018
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
Jun 262018
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
Jun 112018
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
May 242018
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.