Latham's Clean Energy Law Report

Tag Archives: Environmental Protection Agency

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) to issue a proposed rulemaking for notice and comment to rescind or revise … Continue Reading

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

By Andrea Hogan, Lucas Quass, John Morris and Steven Mach On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule).[1] The federal Clean Water Act (CWA) provides for original jurisdiction in the … Continue Reading

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

By Michael Feeley, Winston Stromberg, Ann Claassen, Lucas I. Quass, John Morris, and Samantha Seikkula On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a sell-through provision for wood … Continue Reading

Sixth Circuit Determines It Has Jurisdiction to Hear Challenges to the Clean Water Rule

By Christopher Garrett, Andrea Hogan, Daniel Brunton, and Daniel Aleshire On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position of the agencies that promulgated the … Continue Reading

RETI 2.0: CEC and CPUC Plan for New Renewable Energy Transmission Initiative to Meet California’s Increasing Clean Energy Commitments

By Joshua T. Bledsoe, Marc T. Campopiano, and Max Friedman As California begins to turn the page on the first chapter of its efforts to combat climate change through AB 32 and to prepare for greater emissions reductions over the coming decades, the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) are considering … Continue Reading

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

By Paul Singarella, Chris Garrett, Andrea Hogan, Daniel Brunton, Garrett Jansma, John Heintz, Danny Aleshire and Lucas Quass On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States … Continue Reading

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

By Andrea Hogan and Joshua Marnitz On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill, first introduced in January 2015 by Senators Rob Portman (R-Ohio) and Claire McCaskill … Continue Reading

FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States

By Michael J. Gergen, Jared W. Johnson, and David E. Pettit On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the CAISO’s proposed Energy Imbalance Market (“EIM”) that will allow neighboring balancing area authorities (“BAAs”) in … Continue Reading

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

By Michael G. Romey, Aron Potash and Gregory Fuoco (summer clerk) On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants.  This spells uncertainty for emitters, who now must look … Continue Reading

Waters of the United States Proposed Rule

By Paul Singarella, Claudia O’Brien and David Amerikaner The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps), formally was published in the Federal … Continue Reading

EPA Issues 2013 Renewable Fuel Standard Limits, Hints at Blend Wall Reductions for 2014

By Ann Claassen and Eli Hopson Last week EPA finalized the Renewable Fuel Standard (“RFS”) levels for 2013.[1]  Although EPA missed the statutory deadline of November 30, 2012, for setting levels for the 2013 RFS, EPA notes that the statute does not provide any penalty for missing the deadline, nor does it remove the general … Continue Reading

California Appellate Court Signals Low Carbon Fuel Standard Will Remain in Effect Despite CEQA Violation

By Joshua T. Bledsoe and Aron Potash California’s low carbon fuel standard (LCFS), a core component of the state’s greenhouse gas (GHG) emission reduction strategy, likely will survive a legal challenge and remain in effect despite an appellate court’s order indicating that the regulation was improperly adopted. The California Court of Appeal for the Fifth Appellate … Continue Reading

Federal Court Rejects U.S. EPA’s Decision to Invalidate Existing Clean Water Act Section 404 Permit

By Mia Robertshaw The U.S. District Court for the District of Columbia has removed a layer of uncertainty for Clean Water Act section 404 permits.  On March 23, 2012, the Court held that the U.S. Environmental Protection Agency (EPA) exceeded its authority by purporting to invalidate an existing section 404 dredge-and-fill permit.  Nearly three years … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

Court of Appeals vacates CAFO rules

In a March 15, 2011, decision, the Fifth Circuit Court of Appeals vacated in part the Environmental Proection Agency’s (“EPA”) Concentrated Animal Feeding Operations (“CAFO”) rules, which we analyzed in a previous blog entry.  The Fifth Circuit struck down the requirement that CAFOs which “propose to discharge”—that is, which are “designed, constructed, operated, or maintained … Continue Reading

New CAFO reporting requirements create enforcement risks and waste-to-energy opportunities

The United States Environmental Protection Agency faces an obligation to propose, before June of this year, a rule under the Clean Water Act which will impose reporting requirements upon owners and operators of concentrated animal feeding operations (PDF), or CAFOs, which include certain dairy and poultry farms, horse racing tracks, rodeo facilities, and many other types … Continue Reading