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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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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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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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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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.

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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.

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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

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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

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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

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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.

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