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
Navigable Waters Protection Rule Charges Corps and EPA with New Policy Considerations
Coty Hopinks-Baul recently published “Implementation of Navigable Waters Protection Rule” in Rock Products Magazine, discussing the new rule and how the agencies charged with implementing it will encounter new policy considerations and may struggle with consistency in decision-making.
Waters of the United States Rule Still Generating Questions
In the latest edition of Rock Products, Daniel Fanning discussed the Trump administration’s second in a two-step act to un-muddy the waters with a new rule defining the scope and reach of “Waters of the United States” (WOTUS). This act reversed the course set by the Obama administration in 2015, a rule that lent
Trump Admin Finalizes Navigable Waters Protection Rule
Daniel Fanning recently published an article in Coal Age on the Trump Administration’s new rule defining the scope and reach of “Waters of the United States” (WOTUS). This act reversed the Obama Administration’s course, one that justified the regulation of WOTUS areas beyond the banks and boundaries of cognizable water bodies. Read the article here
Nationwide Permit (NWP) 12 Re-Opened for Non-Oil and Gas Pipeline Projects
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.
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A Guide to Federal and State Environment- and Transportation-Related Enforcement
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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Environmental Compliance During COVID-19 Business Disruption
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.
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Revisions to Coal-fired Power Regulations Remain Unresolved
Megan Caldwell recently published an article in Coal Age on unresolved environmental regulations impacting the coal industry under the Trump administration. Read the article here.
Rollback of Obama-Era Policy on Federal Leases Halted
A ruling by the U.S. District Court for the District of Montana may bring new coal leases on Federal lands to a standstill, pending review by the Department of the Interior under the National Environmental Policy Act.
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Chemical accident rules? EPA’s accidental release prevention requirements remain uncertain…
The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”). After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this