Jan 92018
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.
Dec 182017
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.
Nov 302017
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.
Nov 132017
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.
Oct 312017
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.
Oct 182017
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.
Oct 52017
Sidley Environmental Trends
Topics discussed this week include:
- Maryland sues EPA to compel response to Clean Air Act 126 Petition.
- C. Circuit denies request to invalidate EPA decision to stay landfill emissions rule.
- EPA grants additional extensions for formaldehyde rule.
- FERC issues supplemental EIS for Southeast Market Pipelines Project.
- District Court affords deference to state interpretation of Clean Air Act.
- EPA launches “Smart Sectors” program.
- Safety commission orders rulemaking on flame retardants.
- Court orders EPA to issue plans for fine particulate matter.
Sep 192017
Sidley Environmental Trends
Topics discussed this week include:
- Environmental groups and attorneys general challenge delay of civil penalty increases for automakers.
- Interior seeks to streamline environmental impact statements.
- Landowner suit claims FERC eminent domain powers are unconstitutional.
- EPA will reconsider coal ash disposal rule.
- EPA postpones compliance with power plant effluent limitations.
- Environmental groups threaten suit to compel oil and gas methane regulations.
Sep 62017
Sidley Environmental Trends
Topics discussed this week include:
- Environmental group brings Clean Water Act citizen suit against Shell and Motiva that alleges climate change-related harms.
- District court stays CERCLA unilateral administrative order.
- District court overturns Department of the Interior stay of rule governing royalties for oil, natural gas and coal production on federal and Indian lands.
- Second Circuit upholds New York State’s decision to deny Clean Water Act certification to proposed pipeline.
- C. Circuit holds that FERC should consider power plant emissions in pipeline environmental impact statement.
- Hurricane Harvey affects Gulf Coast energy and chemical resources.
Aug 242017
Sidley Environmental Trends
Topics discussed this week include:
- Federal agencies reopen comment on Obama administration auto fuel efficiency standards.
- Environmental groups file legal challenges to TSCA rules.
- Tenth Circuit vacates EPA denial of small-refinery renewable fuels exemption.
- EPA begins revisions to power plant wastewater rules.
- DC Circuit rules EPA’s hydrofluorocarbon rule exceeds statutory authority.