Previously, we reported on the U.S. Fish and Wildlife Service’s (“USFWS”) issuance of the final ESA Compensatory Mitigation Policy (“ESA-CMP”), the first comprehensive treatment of compensatory mitigation under the Endangered Species Act. Endangered Species Act Compensatory Mitigation Policy, 81 FR 95316 (Dec. 27, 2016). The policy formalizes the Services’ shift from project-by-project to landscape-scale approaches
Good Intentions, Bad Outcomes – Introducing Non-Native Species Into the UK
A recent prosecution has illustrated the consequences of releasing non-native species into UK habitats, notwithstanding that the motivation of the two defendants was entirely benevolent.
Section 14 of the Wildlife and Countryside Act 1981 makes it an offence to release or allow to escape into the wild any animal of a kind which is not
MSHA Workplace Examination Rule Delayed Once Again
On January 23, 2017, the Mine Safety and Health Administration (MSHA) published its long-awaited final rule regarding modified workplace examination requirements in non-coal mines. The rule was originally scheduled to go into effect in May of this year, but implementation was delayed twice until October 2, 2017.
Over the past several months, operators have been
Troutman Sanders Forms Group Focused on Species Issues
Troutman Sanders has formed a new group, Species Strategies and Solutions (S3), which will track policy, regulatory, legislative, and litigation developments regarding federally-protected wildlife and plants. Initiatives to address infrastructure projects, and how those initiatives relate to species-related review requirements, will also be featured. S3 will be focused primarily on national-level species-related developments that have the
MassDEP Finally Tackles Greenhouse Gas Emissions Under the Global Warming Solutions Act
image credit: Steve JohnsonIn January 2016, the Supreme Judicial Court issued a strong climate change decision under Massachusetts’ 2008 Global Warming Solutions Act. The GWSA required the Massachusetts Department of Environmental Protection to adopt regulations reducing the state’s greenhouse gas emissions to 25% below 1990 levels by 2020 and 80% below 1990 levels by
Teething Trouble – Poor Levels of Compliance with Reporting Requirement Under UK Modern Slavery Act Need to be Addressed
According to research published by the Chartered Institute of Procurement & Supply, more than one third of organisations required to complete a statement in compliance with the UK Modern Slavery Act 2015 (“Act”) have failed to do so.
Under section 54 of the Act, organisations that carry on business in the UK and have turnovers of £36 million
PHMSA Offers to Assist Operators Impacted by Hurricane Irma
In the wake of Hurricane Irma, PHMSA issued a press release regarding hurricane preparedness and response. As operators implemented hurricane preparedness plans to minimize the impact of the storm, PHMSA noted several significant allowances for pipeline systems impacted by the hurricane including the following:
Increased Risk of Clean-Up Liability for Owners of Closed Council Landfill Sites in England and Wales
A recent Court of Appeal case, Powys County Council v Price and Hardwick, has addressed the issue of liability of successor public authorities under the UK contaminated land regime (Part 2A Environmental Protection Act 1990) (“Part 2A”).
The case related to a landfill site that had been operated by local authorities of the county
D.C. Circuit Holds US EPA Cannot Stay Implementation of Methane Rule Issued by Obama Administration
On July 3, 2017, the US Court of Appeals for the D.C. Circuit vacated US EPA’s decision to stay implementation of portions of a final rule concerning methane and other greenhouse gases. In Clean Air Council v. Pruitt, a three-judge panel held that US EPA lacked authority under the Clean Air Act to stay
EPA Approves Emergency Fuel Waiver for Areas in Louisiana in Response to Hurricane Harvey
On August 28, 2017, the Environmental Protection Agency (“EPA”) approved an emergency fuel waiver for areas for Louisiana affected by Hurricane Harvey. The waiver is an effort to minimize or prevent problems with the supply of gasoline. Sixteen parishes in the state are required to sell low Reid vapor pressure (“RVP”) gasoline,[i] having a