NEPA

EPA Announces Rollback of Obama Era Carbon Rule

Last Thursday, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rollback of a 2015 Obama administration rule setting CO2 emissions standards for new or modified coal-fired steam generating units. Acting EPA Administrator Andrew Wheeler stated that the Obama era standards were set too high and that carbon capture and sequestration is not the best […]

Watchdog clears Zinke of wrongdoing in redrawing of Utah monument boundaries

The Interior Department’s internal watchdog has absolved Interior Secretary Ryan Zinke after an examination of his handling of a controversial national monuments review. In a report summary dated Nov. 21, Deputy Inspector General Mary Kendall said investigators “found no evidence” that a former Utah state representative who owned property within the Grand Staircase-Escalante National Monument […]

Zinke Orders Review Of Obama-Era Greater Sage Grouse Protections

Secretary of the Interior Ryan Zinke ordered the Bureau of Land Management (BLM) to review federal conservation efforts of the greater sage grouse Wednesday. Zinke wanted the federal government to be “a good neighbor” and certify that officials in 11 Western states were fully consulted about the conservation program, according to the Associated Press. The […]

Mining Companies Fight Tribal and Environmental Groups’ Challenges to an Issued BLM Permit

Constantine Metal Resource Ltd., Alyu Mining Co. Inc., and Haines Mining & Exploration Inc. fought back last Thursday against the Chilkat Indian Village and Southeast Alaska Conservation Council’s claims that the BLM violated NEPA when it issued Constantine a permit for mineral exploration in Alaska. The environmental and tribal groups believe that the permit allows […]

Circuit Split: Regulatory Reach of Clean Water Act

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 […]

Northern California Court Re-Instates Protections For Sage Grouse

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 […]

EPA Unveils Proposed Replacement for Clean Power Plan

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 […]

Feds Solicit Comment on Endangered Species Act Reform

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 […]

Good News For Keystone XL: Positive U.S. Environmental Review

The U.S. State Department has given preliminary environmental approval to a proposed alternative route through Nebraska for the Keystone XL pipeline, a route that is currently being challenged by landowners and other project opponents in the Nebraska Supreme Court. The State Department, which has already issued a cross-border permit for TransCanada Corp.’s project found that […]

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