On September 24, 2018, the 6th Circuit issued rulings in two cases over the question of how direct a connection there must be between the source of pollution and waters that were allegedly polluted for the Clean Water Act (“CWA”) to apply. The 6th Circuit rulings created a split in the circuits on issue of […]
A federal judge for the D.C. Circuit reinstated two oil and gas leases on Monday, in an area of Montana deemed sacred to the local Blackfeet Tribe. (W.A. Moncrief, Jr. v. U.S. Dep’t of interior (Sept. 24, 2018) D.C. Circuit Civil Case No. 17-609 and Solenex LLC v. Sally Jewell et al. (Sept. 24, 2018) […]
The Waters of the United States Rule (“WOTUS Rule”) implemented under the Obama administration in 2015 has gone through much back and forth since the beginning. Numerous states and industry groups sued to stop implementation of the WOTUS Rule in 2015. The Sixth Circuit consolidated various challenges and issued a nationwide stay of the WOTUS […]
On September 11th the U.S. EPA released a proposal that relaxes requirements for how energy companies monitor and repair methane leaks. This proposal is among the many proposed rollbacks of Obama-era regulations. The draft proposal has not yet been published in the Federal Register. Under the proposal, companies would perform a leak inspection at least […]
The Governor’s office proposed broad changes to logging rules in California to allow landowners to cut larger trees and build temporary roads without obtaining a permit. This proposal is a way to encourage the thinning of forests to alleviate wild fire threats. The timber industry is supportive of the changes, while most environmental groups are […]
A U.S. District Court in Northern California reinstated protections for the bi-state sage grouse in California and Nevada. Environmental groups such as the Center for Biological Diversity and the Western Watersheds Project had filed a motion against the U.S. Fish and Wildlife Service for withdrawing the bi-state distinct population of greater sage groups as a […]
On Tuesday morning the EPA revealed its proposed plan for replacing the Obama-era “Clean Power Plan.” The EPA says the new rule will give states more authority and create new jobs, taking the place of the “overly prescriptive and burdensome” Clean Power Plan. The new plan, titled the “Affordable Clean Energy” or “ACE” Rule, would […]
On July 11, 2018 the Air Resources Board announced that California’s greenhouse gas emissions dropped below 1990 levels in 2016. At the time AB 32 was passed, the goal of reducing greenhouse gas emissions to 1990 was to be achieved by 2020. Governor Jerry Brown and other State officials said that the results prove the […]
On July 25, 2018, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration (the “Services”) published three proposed rules to reform the Endangered Species Act. This opens a 60-day public comment period ending September 24, 2018. The proposals respond in part to stakeholder comments submitted […]
The U.S. Environmental Protection Agency said in a court filing Wednesday that it “does not intend” to revisit a 2015 rule that tightened ozone standards, answering a lingering question that had both industry and environmental groups on edge. Article HERE.
