Court Upholds "Tributary Rule" But Leaves Open
the Possibility of a Future Challenge
The California Regional Water Quality Control Boards establish
water quality standards under the Clean Water Act....
Read more
Annual Operating Plans for Dam Operation Do Not Require
Environmental Reviews
The U.S. Bureau of Reclamation is required by federal law to
prepare Annual Operating Plans for the Glen Canyon Dam on the
Colorado River in northern Arizona....
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Ninth Circuit Upholds Fish & Wildlife Service
Regulations Against Environmentalists' Challenge
The Chukchi Sea off the North Slope of Alaska is a promising place
for oil and gas development...
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Can a Developer Unilaterally Impose an Arbitration Clause
on a Condo Homeowners Association?
The answer is yes, as long as the arbitration clause is not
unreasonable, according to the California Supreme Court in Pinnacle
Museum Tower Association v. Pinnacle Market Development...
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On April 23, 2013, the D.C. Circuit ruled that the Environmental Protection Agency (EPA) has the power under the Clean Water Act (CWA) to retroactively veto a section 404 dredge and fill permit "whenever" it makes a determination about certain adverse effects, even years after the U.S. Army Corps of Engineers (Corps) has granted the permit to an applicant.
The D.C. Circuit Court of Appeals restored EPA's authority to withdraw the specification of streams for the disposal of mountaintop mining wastes – years after the Army Corps had issued the permit containing the specification.
After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment.
California's cap-and-trade program mandates that certain covered entities acquire allowances for each metric ton of greenhouse gas (GHG) they emit during specified compliance periods.
Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS).
Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating industry, last revised in 1982.
On April 19, 2013, EPA released the proposed "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category" (Steam Electric ELG). The proposed Steam Electric ELG would revise the existing technology-based effluent limitations guidelines [40 CFR 423] for most steam electric power plants and their discharges to U.S. waters or POTWs.
In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in "Conservation Northwest v. Sherman", that the Bureau of Land Management and other agencies implementing the Northwest Forest Plan could not amend the NFP.
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