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*Chelsey Noble is a law clerk in the Richmond office and is not licensed to practice law in any jurisdiction.
In 2020, New Jersey enacted a first-of-its-kind environmental justice statute, the Environmental Justice Law (EJ Law). The EJ Law requires that permit applicants for certain water, waste, and air facilities located, wholly or partially, in…
With little fanfare, EPA has finally proposed to approve Louisiana’s Class VI underground injection control (UIC) well program. The proposal to approve Louisiana’s program comes nearly two years after the state submitted its package for consideration.
The pre-publication version of EPA’s proposal walks through the agency’s process and substantive consideration of Louisiana’s statutes, regulations,…
After the U.S. District Court for the District of North Dakota’s April 12 ruling, the majority of the United States can no longer implement or enforce the Biden administration’s definition of waters of the United States (WOTUS). This comes as a major blow to the administration that has repeatedly touted the so-called “durability…
On March 13, the Environmental Protection Agency (EPA) took the long-anticipated step of proposing maximum contaminant level goals (MCLGs), as well as individual maximum contaminant levels (MCLs), for six PFAS compounds under the Safe Drinking Water Act. PFAS are a large family of synthetic chemicals that have been in use since the 1940s. Many PFAS…
On February 8, the U.S. Fish and Wildlife Service (FWS) proposed regulatory changes (Proposed Rule) focused on the application and approval process for Endangered Species Act (ESA) permits issued under Section 10. Section 10 of the ESA authorizes FWS to permit take of listed species where such take is necessary for scientific purposes…
On January 9, the White House Council on Environmental Quality (CEQ) issued an Interim Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change (Interim Guidance) “to assist Federal agencies in their consideration of the effects of GHG emissions and climate change when evaluating proposed major Federal actions in accordance with the National Environmental…
On November 22, 2022, the White House released a new version of the Climate and Economic Justice Screening Tool, an online interactive map that uses datasets on various “burdens” environmental justice communities may face, such as climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, and workforce development. Communities will be identified as…
President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United States. In 2018 a “federal water sub-cabinet” was informally established to coordinate water policy across the major federal agencies responsible for developing, managing,…
Following its March 2022 proposal to uplist the northern long-eared bat (NLEB) to endangered status, U.S. Fish and Wildlife Service (FWS or Service) finalized the proposal on November 30, 2022. On January 25, the Service announced that these new protections for the NLEB will take effect on March 31, 2023, instead of January 30, as…
Better late than never, but on January 4, EPA published its Fall 2022 Unified Regulatory Agenda. The Reg Agenda includes a few new rulemaking initiatives and a number of schedule changes that were largely expected since EPA has been running a few months behind on most of their major rulemakings (e.g., WOTUS, 401 Water…
