Rejecting the Trump administration’s novel 2019 interpretation that the Clean Water Act never requires permits for pollutant discharges to groundwater, the United States Supreme Court handed down, on April 23,
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PFAS Update: EPA Begins Process of Developing Drinking Water Limits for PFOS and PFOA
By Katie P. Reed˘ & Steven Barringer on
On Feb. 20, 2020, roughly one year after announcing its comprehensive per- and polyfluoroalkyl substances (PFAS) action plan, the Environmental Protection Agency (EPA) issued a preliminary regulatory determination under…
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Fourth Circuit Rejects Statute of Limitations Challenge to FERC Electricity Market Manipulation Suit
By Thomas O. Lemon & Gregory K. Lawrence on
On Feb. 11, 2020, the United States Court of Appeals for the Fourth Circuit decided that the Federal Energy Regulatory Commission (FERC) did not overstep the statute of limitations in its effort…
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Congress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference Report
By Keith E. Smith, Katie P. Reed˘ & Steven Barringer on
On Dec. 11, the House of Representatives passed S. 1790, the National Defense Authorization Act (NDAA) conference report. The Senate followed suit on Dec. 17, bringing an end…
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LNG Export: DOE Authorizes a New Business Model Under Its Small-Scale Export Rule
On Nov. 8, 2019, the Office of Fossil Energy (FE) of the Department of Energy (DOE) issued DOE/FE Order Nos. 4461 and 4462 (the Orders) authorizing GT client SpotX Energy,
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UK Government Ends Its Support for Fracking in England (At Least for Now)
By Greenberg Traurig on
On 2 November 2019, the UK government announced that it is ending its support for fracking in England. This follows a report from the UK’s Oil and Gas Authority…
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The Revised Brexit Withdrawal Agreement and Political Declaration and Their Impact on UK Environmental Standards
By Greenberg Traurig on
An important difference between UK Prime Minister Boris Johnson’s Withdrawal Agreement and former Prime Minister Theresa May’s Withdrawal Agreement is that provisions relating to environmental protections have been removed and
Thumbs Up for Energy Storage: FERC Approves PJM and SPP Proposals Implementing Order No. 841
By Gregory K. Lawrence & Thomas O. Lemon on
On Oct. 17, 2019, the Federal Energy Regulatory Commission (FERC) gave PJM Interconnection, L.L.C. and Southwest Power Pool the green light to implement their energy storage proposals to comply with…
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United States Indicts Facility Owner Under Clean Air Act General Duty Clause
Posted in Clean Air Act, Compliance, Contamination, Court Cases, EPA, GT Alert, OSHA, Washington, D.C.
The U.S. Environmental Protection Agency (EPA) continues to increase its enforcement role in industrial accidents, at times overshadowing the role traditionally played by the Occupational Safety and Health Administration (OSHA).
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Government Repeals Obama-Era Waters of the U.S. Rule: Major Supreme Court Decision to Come, but ‘Regulatory Patchwork’ Remains
By Casey A. Shpall & Bernadette M. Rappold on
Posted in Clean Water Act, Clean Water Act, Environment, EPA, Federal, Federal Regulation, GT Alert, Washington, D.C., Water, WOTUS
On Sept. 12, 2019, the U.S. Environmental Protection Agency and the Department of the Army followed through on an early Trump administration promise to repeal a 2015 jurisdictional rule defining the scope of the government’s authority under the Clean Water Act. See Definition of “Waters of the United States”—Recodification of Pre-Existing Rules (pre-publication version).
Dubbed the “Waters of the United States” (WOTUS) rule, the Obama-era regulation spawned a tide of litigation, in federal trial and appellate courts, challenging the WOTUS rule as an unlawful attempt by the EPA and the Corps of Engineers to increase the numbers and kinds of waters subject to permitting requirements. The U.S. Supreme Court ultimately weighed in, saying that challenges to the WOTUS rule belong in the federal districts courts, not the U.S. courts of appeals. National Association of Manufacturers v. Department of Defense, __ U.S. __, 138 S.Ct. 617 (2018).
Continue Reading Government Repeals Obama-Era Waters of the U.S. Rule: Major Supreme Court Decision to Come, but ‘Regulatory Patchwork’ Remains