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The Environmental, Land Use and Litigation Law Portal Blog

Articles: 1-10 of 214

EPA Proposes Rescinding Certain HFC Rules for Refrigeration and Air-Conditioning Appliances

USA - September 27 2018 On September 18, 2018, the U.S. Environmental Protection Agency (“EPA”) released an advance copy of a rule proposing to rescind the agency’s 2016…

“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue

USA - September 26 2018 On August 16, 2018, the U.S. District Court for the District of South Carolina issued a nationwide injunction on a Trump administration rule that has…

Pair of Clean Water Act Decisions Creates Circuit Split over Discharges to Groundwater

USA - September 25 2018 On Monday, divided panels of the U.S. Court of Appeals for the Sixth Circuit issued a pair of decisions holding that Clean Water Act (“CWA”) Section…

NJDEP to Allow Capping as Remedial Option for VOCs with Groundwater Pathways

USA - September 12 2018 At the end of August, the New Jersey Department of Environmental Protection (“NJDEP”) issued guidance that allows volatile organic compounds (“VOCs”)…

Massachusetts Supreme Judicial Court Upholds GHG Caps for Electricity Sector and Affirms the Continued Viability of Chevron-style Deference in Massachusetts

USA - September 11 2018 On September 4, 2018, the Massachusetts Supreme Judicial Court (SJC) issued an opinion in New England Power Generators Association v. Department of…

Cert Petition Seeks Supreme Court Review of Ninth Circuit’s Expansion of the CWA’s NPDES Program

USA - September 5 2018 On February 1, 2018, the Ninth Circuit issued a decision in Hawai’i Wildlife Fund, 886 F.3d 737 (9th Circ. 2018), that has the potential to greatly…

Interior Department Reorganizes into 12 “Unified Regions” - To What Effect On The Ground?

USA - August 31 2018 Department of the Interior (“DOI”) Secretary Ryan Zinke announced on August 29, 2018, DOI’s “final” version of its new reorganization plan, which…

Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program

USA - August 17 2018 Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to…

Chances To CEQA Guidelines Coming To a Project Near You

USA - August 16 2018 On January 26, 2018, the California Natural Resources Agency (Resources Agency) released a Notice of Proposed Rulemaking for changes to the California…

DOT and EPA Release Proposal to Roll Back Obama-era Emissions Standards for Automobiles

USA - August 8 2018 On August 2, 2018, the Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) and the Environmental Protection Agency…