In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing. Utah Physicians for a Healthy
It’s Still (Again) Necessary and Appropriate to Regulate Air Toxics From Power Plants
EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units. Instead, EPA proposes to reaffirm its 2012 and 2016 determinations supporting such regulation. 
This is not surprising and should not be controversial. It may
Local Preemption and Wetlands in Massachusetts
The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition to conditions imposed by the Commonwealth’s Department of Environmental Protection. In both cases, the local commission did not grant an order (effectively a permit), but
Greenberg Traurig Expands Boston Office with Former MassDevelopment President and CEO Lauren Liss
As part of Greenberg Traurig, LLP’s ongoing strategy to grow key practices to meet client demand, the former MassDevelopment President and CEO, Lauren Liss joins as senior counsel in the Environmental and Real Estate practices in Boston. She will utilize her experience in the public and private sectors to work with clients in municipal government
Biden Administration Presses Forward With Revised WOTUS Rule
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA or Act), which will soon move to the next stage of agency consideration.[1]
EPA Administrator Michael Regan Emphasizes the High Priority EPA Places on Environmental Justice Issues
In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.” Since his appointment as U.S. Environmental Protection Agency (EPA) Administrator, Regan has repeatedly stressed
Agricultural Law Weekly Review—Week Ending January 21, 2022
Pesticides/Herbicides: ‘Pure’ Honey Label May Be Deceptive Due to Pesticide ResidueOn January 13, 2022, the U.S. District Court for the Eastern District of New York issued an order denying in part honey maker Sioux Honey Association Cooperative’s motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because the
ESG Poll Results Drive Strategies for Business
86% believe there will be mandatory ESG regulation within the next 12 months
Will the Sackett Test Clarify the Reach of Clean Water Act Jurisdiction?
“Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of every Clean Water Act practitioner’s tongue. In a surprise move, the Supreme Court of the
PHMSA Informational Meeting on Upcoming Leak Detection Inspections
On January 27, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public informational meeting on February 17, 2022 regarding PHMSA’s plan for forthcoming audits of updated inspection and maintenance plans to eliminate and minimize leaks pursuant to Section 114 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of