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General

10 April 2018

Sidley Environmental Trends

Topics discussed this week include:

  • EPA announces decision to revise GHG emission standards for light-duty vehicles.
  • NGOs sue EPA for ending “once-in, always-in” MACT policy.
  • EPA OECA Assistant Administrator issues memorandum requesting early notice of enforcement referrals to DOJ.
  • EPA Administrator retains the authority for headquarters to make certain jurisdictional determinations under Clean Water Act.
  • Coalition of states and cities sues EPA, alleging EPA must issue regulations governing methane emissions from existing oil and natural gas operations.

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28 March 2018

Sidley Environmental Trends

Topics discussed this week include:

  • Administrator Pruitt releases new source review guidance memo, clarifying when emissions decreases are to be considered in the review process.
  • California federal judge orders remand to state court of climate-change-related state tort claims — creating split in district court.
  • Congress’s omnibus spending bill preserves the EPA budget and addresses other environmental issues such as pesticide funding and biomass emissions.
  • DC Circuit upholds Cross-State Air Pollution Rule as part of EPA’s regional haze rule.

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14 March 2018

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.

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01 March 2018

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.

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12 February 2018

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.

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30 January 2018

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.

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09 January 2018

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.

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18 December 2017

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.

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30 November 2017

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.

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13 November 2017

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.

(more…)

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