CEQA Developments

MARCH 4, 2021

California Air Resources Board (2013) 217 Cal.App.4th 1341(a)(1)), although the Court found it need not reach this issue to uphold the validity of the board’s subsequent WDRs issued under independent Porter-Cologne Act authority. One of CEQA’s bedrock principles is that environmental review must precede project approval. (E.g.,

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The Energy Law

MAY 26, 2016

The judgment is the latest in a suit the EPA filed against CITGO under the Clean Water Act for a 2006 spill at the oil company’s St. District Court Judge Richard Haik found CITGO negligent, and, based on the factors in the Clean Water Act, imposed a $6 million civil penalty. Charles refinery.

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Vermont Law

APRIL 19, 2019

The Clean Water Act (CWA) and grant programs contained in the Farm Bill are the primary federal mechanisms for curbing agricultural water pollution. However, these structures have not sufficiently addressed agriculture’s impact on the nation’s water resources. Vermont Journal of Environmental Law.

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The Energy Law

JUNE 26, 2013

By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Circuit Court of Appeals held that the EPA’s veto authority under section 404(c) of the Clean Water Act (CWA), 33 U.S.C.§ Army Corps of Engineers (“Corps”). Mingo Logan Coal Co. EPA , 714 F.3d 3d 608 (D.C.

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Vermont Law

APRIL 6, 2015

In 2010, following years of missed deadlines, the Environmental Protection Agency (EPA) jumped into the morass by exercising its power under the Clean Water Act. EPA established an accountability framework and state water pollution limits (TMDLs) for nitrogen, phosphorus, and sediment. in Environmental Law.

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Vermont Law

FEBRUARY 10, 2014

1961 – seeks to close existing loopholes and provide additional federal oversight where current state laws do not apply. At first glance, though, existing laws would seem applicable to the spill at Freedom Industries. But in reality, Boehner received donations from the Vice President of Freedom Industries in 2013.

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Smith Enviorment

JANUARY 6, 2020

The EMC and water quality staff in the Department of Environmental Quality (DEQ) spent seven years developing a nutrient management strategy to address water quality standard violations in Jordan Lake as required by the federal Clean Water Act and by state water quality laws.

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The Energy Law

NOVEMBER 7, 2014

That should change now that the Department of Justice (DOJ), acting jointly on behalf of EPA and BSEE, has announced its settlement with ATP Infrastructure Partners (ATP-IP) in the first joint judicial enforcement action resolving alleged violations of both the Clean Water Act (CWA) and Outer Continental Shelf Lands Act (OCSLA).

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Circle of Blue

FEBRUARY 2, 2022

His parents, Gary and Shari Peters, documented six more kids in Aurora diagnosed with cancer from 2005 to 2013. In the United States, excess nutrients build up in waterways from Lake Erie to the Gulf of Mexico, precipitating algae outbreaks that kill fish, close public drinking water utilities, and pollute water.

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Acoel

MAY 17, 2022

My mind went back to law school and Marbury v. A brief discussion of the underlying 2013 case, Iowa League of Cities v. 3d 844, is in order [ 2013 Iowa League of Cities Case ]. EPA seeking clarification on the agency’s position on bacteria mixing zones and wet weather blending [1] under the Clean Water Act.

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ESA

OCTOBER 24, 2022

ESA and other scientific societies file brief arguing that the interpretation of the Clean Water Act is inherently founded on science. Rob Portman (R-OH) reauthorizes the Tropical Forest and Coral Reef Act through FY 2027 and authorizes $20 million a year for the program. In this issue: Apply for the 2023 Katherine S.

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Circle of Blue

SEPTEMBER 28, 2022

Remedies for Harmful Algal Blooms Are Available in Law and Practice They are expensive, in many cases experimental, and take a long time to work. The association also built a state-of-the art water quality monitoring network across the lake’s 192 square-mile watershed. But the Platte Lake advocates did not rely on federal law.

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Law Columbia

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S. climate litigation charts.

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Ohio Environmental Law

OCTOBER 3, 2020

Under the NWPR intermittent streams must flow “continuously during certain times of the year…” Therefore, not all intermittent streams are protected under the Clean Water Act. A large portion of these streams are no longer protected under the Clean Water Act. This is not entirely clear.

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Circle of Blue

JANUARY 26, 2023

This is the first story in a series of reports from the Great Lakes News Collaborative that will investigate contemporary water pollution challenges in the Great Lakes region. Road Salt, A Stealthy Pollutant, Is Damaging Michigan Waters Rivers and lakes are becoming saltier while law and practice limit effective responses.

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E2 Law Blog

NOVEMBER 8, 2021

That is, if soot from a natural fire contaminates the air, is the air not “clean”? What if it is from a manmade source in New York, operating lawfully under New York law? After all, New York’s air permitting regime is based on health-based emissions standards derived from the federal Clean Air Act. Envt’l Def. 3d 911 (Pa.

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Arnold Porter

AUGUST 26, 2021

In the first complaint, the Center alleged that a chemical manufacturer and importer headquartered in Akron, Ohio, had failed to report 843,047 pounds of tetrabromobisphenol A bis(2,3-dibromopropyl ether) and five other substances that it imported during the 2013–2015 reporting period. The House bill ( H.R. 21-191 (S.B.

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Law Columbia

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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Columbia Climate Law

MAY 8, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. and non-U.S. 120,436 (Kan.

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2020 Endangered Species Act Climate Change Greenhouse 40

Law Columbia

FEBRUARY 10, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.

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Arnold Porter

JUNE 2, 2021

The risk evaluation’s conclusions that consumer uses do not present an unreasonable risk could preempt state-level restrictions on 1,4-dioxane in personal care, cosmetic, and cleaning products such as restrictions enacted by New York in 2019.[[N:N.Y. Law §§ 35-0105, 37-0115.]]. 14560 (Mar. 17, 2021).]]

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ESA

AUGUST 16, 2021

Advances in attribution science since the last report was issued in 2013 have allowed experts to connect individual events to climate change with more certainty. Regulation, Litigation – Bloomberg Law. fishing law could include climate focus – E&E News. The world has already warmed 1.1 For first time, U.S.

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