Partner Megan Caldwell recently published “Trump Makes Last Minute Push to Boost Coal, But Biden Presidency’s Vow to Decarbonize Power Generation Causes Concern” in Coal Age, discussing recent and anticipated changes impacting the coal industry as the Trump administration ends and Biden kickstarts his ambitious clean energy agenda.

Read the article here.

Partner Megan Caldwell recently published “EPA Rollback of Rule Regulating Wastewater from Steam Electric Plants Allows Coal Companies Some Relief” in Rock Products Magazine, discussing the U.S. Environmental Protection Agency rollback of former President Barack Obama-era limits on wastewater effluent regulations governing the amount of toxic metals that coal-fired power plants can discharge

The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the U.S. Army Corps of Engineers (Corps) violated the Endangered Species Act (ESA) by not consulting with the U.S. Fish and Wildlife Service prior to reissuing NWP 12. However, earlier this week, Judge Morris amended the remedy provided in his April 15, 2020 order, which vacated all continuing use of NWP 12.
Continue Reading Nationwide Permit (NWP) 12 Re-Opened for Non-Oil and Gas Pipeline Projects

Husch Blackwell’s Environmental practice group has collected the latest enforcement actions from various federal and state agencies tasked with regulating environmental policy in one convenient location, available here. The group will update this resource periodically as new guidance and rulemakings are handed down.

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Due to its suddenness and severity, overnight the COVID-19 outbreak has rearranged the priorities of corporate legal departments. Things that were of top-of-list importance yesterday have likely been replaced by action items that were inconceivable just a few weeks ago. Additionally, the “all-hands-on-deck” approach to managing the crisis is likely to last for some time and perhaps longer than any of us could have imagined. There are going to be many legal issues of great strategic importance that simply won’t receive the attention they require; likewise, there will be day-to-day issues that could also be overlooked. Environmental monitoring and reporting requirements could be among those.
Continue Reading Environmental Compliance During COVID-19 Business Disruption