Last week, the U.S. Fish and Wildlife Service (FWS) released two revised compensatory policies. The Mitigation Policy and the ESA Compensatory Mitigation Policy reject the stringent goal of net conservation gain used by the FWS during the Obama administration. Instead, both policies include the goal of no net loss, which means maintaining the current status
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Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope
The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with four other justices joining him), the decision contained three separate concurring opinions, with its operative holding as follows:
EPA’s New Carbon Standards for Power Plants Require Quick Decisions
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission guidelines” for states to use in developing standards for existing gas- and coal-fired power plants.
Taking Charge: Inside the U.S. Battery Boom
In response to the transformational Inflation Reduction Act, Troutman Pepper has launched Taking Charge: Inside the U.S. Battery Boom, an in-depth report examining the accelerated growth in the U.S. battery storage sector.
We look at how the legislation is creating both opportunity and complexity, as businesses develop and adapt their strategies to navigate the industry’s
Another EPA Proposal to Overhaul the Water Quality Standards Program
EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority, and the federal government has not already promulgated water quality standards. Under the proposal, tribes will have a limited opportunity
President Biden Signs Executive Order on Environmental Justice
*Chelsey Noble is a law clerk in the Richmond office and is not licensed to practice law in any jurisdiction.
On April 21, President Biden signed Executive Order No. 14096 (EO), titled “Revitalizing Our Nation’s Commitment to Environmental Justice For All.” The EO builds on prior executive orders by President Biden related to environmental justice,
New Jersey Moves Forward with Implementation of First-of-Its-Kind Environmental Justice Statute
*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
EPA Proposes Class VI Primacy Approval for Louisiana
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,
Biden’s WOTUS Rule Enjoined in 26 States
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
EPA Advances PFAS Strategic Roadmap With Proposed Drinking Water Standards
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