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The Nickel Report Blog

Articles: 1-10 of 36

An RFI? Surely You Can’t Be Serious.

USA - February 15 2018 So EPA sent your company a dreaded Request for Information (“RFI”). What do you do now? If you’ve never been through this process before, you likely have a lot running through your head

Ambitious White House Infrastructure Legislation Proposal Would Make Major Changes to Environmental Permitting and Reviews

USA - February 13 2018 On Monday, the Trump Administration released an ambitious legislative proposal that aims to stimulate $1.5 trillion in new infrastructure investment…

D.C. Circuit Raises the Stakes: NEPA Defect Sufficient to Halt Pipeline Operations

USA - February 8 2018 Federal agencies that authorize or permit large infrastructure projects, like interstate natural gas pipelines, are often subject to the requirements…

Washington OSHA has Released Draft Language for its PSM Standard for Refineries

USA - January 31 2018 Last October we saw the State of California implement its "PSM for Refineries" standard and now the State of Washington's Division of Occupational…

Agencies Move Quickly to Delay Applicability of 2015 WOTUS Rule Following Unanimous Supreme Court Decision

USA - January 30 2018 On January 22nd, the Supreme Court issued a unanimous (9-0) decision, authored by Justice Sotomayor, agreeing with industry groups, some eNGOs, and…

Congress Considers PURPA Revisions

USA - January 23 2018 The House Energy & Commerce Committee is considering revising the Public Utility Regulatory Policies Act (PURPA), a 1978 law enacted in the wake of…

Should Mitigation Meet a “Net Gain” Standard? USFWS is Reconsidering its Stance

USA - December 21 2017 In 2016, the US Fish and Wildlife Service (FWS or the Service) issued two policies on how to mitigate the impact of projects affecting fish and…

The Long and Winding Road for CSAPR and Regional Haze

USA - December 19 2017 On November 16, 2017, the D.C. Circuit heard oral argument in the cases challenging EPA’s 2012 rule allowing states to rely on compliance with the…

De-Criminalizing the Inevitable: Some Hope for Rationalizing the MBTA?

USA - December 14 2017 Uncertainty has reigned for a number of years about the scope of the take prohibition under the Migratory Bird Treaty Act (MBTA). In the latest effort…

Catching Our Balance: Opportunities for ESA Reform

USA - December 5 2017 When Congress enacted the Endangered Species Act (“ESA”) to protect and recover imperiled species and the ecosystems on which they depend, it…