Sidley Environmental Trends

Topics discussed this week include

  • DOJ limits use of supplemental environmental projects in settlements with state and local governments
  • D.C. Circuit limits EPA’s ability to roll back or freeze ozone national ambient air quality standards
  • Trump administration updates Endangered Species Act regulations
  • Citizen suit alleging a permit was issued or extended in violation of state and federal regulations cannot be brought against the holder of a valid permit

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Trump Administration Updates Endangered Species Act Regulations

Three new rules issued by the Trump Administration may allow project developers to better plan future projects, and may encourage preservation and conservation efforts for both private and federal landowners. These rules, issued by the U.S. Fish and Wildlife Service, National Marine Fisheries Service and the National Oceanic and Atmospheric Administration, revise how the federal government will address critical habitat designations, protections for threatened species and interagency coordination under the Endangered Species Act.

The U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS) and the National Oceanic and Atmospheric Administration (NOAA) (the Agencies), have issued three rules revising how the federal government will address critical habitat designations, protections for threatened species and interagency coordination under the Endangered Species Act (ESA). The Agencies’ decisions have not yet been published in the Federal Register, but prepublication versions can be found here. The regulations will become effective 30 days after publication.

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Sidley Environmental Trends

Topics discussed this week include:

  • Interest groups kick off challenges to EPA’s Affordable Clean Energy rule
  • D.C. Circuit upholds EPA decision not to impose new financial assurance requirements on hardrock mining operators
  • Fourth Circuit vacates Atlantic Coast Pipeline permit
  • EPA declines to ban the pesticide chlorpyrifos
  • Maryland high court holds that state agency supersedes county zoning boards on solar zoning

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Sidley Environmental Trends

Topics discussed this week include

  • Trump executive order directs agencies to reduce federal advisory committees
  • D.C. Circuit dismisses Clean Air Act Title V challenge
  • Michigan AG office drops pending Flint water crisis criminal charges
  • EPA updates FY2020-23 National Compliance Initiatives
  • Department of the Interior restores federal mineral lease fees to Obama-era levels
  • TVA agrees to close coal ash pit at Gallatin Fossil Plant

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