On February 24, 2020, the Supreme Court heard the oral arguments in the case of U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al. On December 13, 2018, the U.S. Court of Appeals for the Fourth Circuit held that the Forest Service was not authorized by the…
There are more than 11,000 wells, nearly 600 platforms and 24,000 km of pipeline network on the UK Continental Shelf (UKCS). It is estimated that by 2025 more than 220 oil and gas production fields and their structures will be decommissioned. In his recent opinion piece, “Turning oil rigs into…
Carbon-reduction initiatives have begun to increasingly target the construction industry, particularly in light of data showing that buildings generate up to 40% of global annual greenhouse gas emissions. While the Federal Green New Deal remains stalled in Congress and states have been slow to spring into action, a number of…
It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts. Flood Control and the Endangered Species Act. On January 17, 2020, in Wildearth Guardians v. US Army Corps of Engineers (ACOE), the U.S. Court of Appeals for the Tenth Circuit…
The Chairman of the House Energy and Commerce Committee has released a “discussion draft” of the committee’s climate bill. The legislation is over 600 pages long, but the Committee has also released a summary of this legislation, which is entitled the Climate Leadership and Environmental Action for our Nation’s Future…
January has been a busy month for the Fifth Circuit, which has issued a number of significant rulings. Building the Border Wall. On January 8, 2020, in El Paso County, Texas, et al. v. Donald J. Trump, et al., a divided panel of the court quickly granted a stay of…
In late December, the Office of Management and Budget (OMB) released the “Fall 2019 Unified Agenda of Regulatory Actions” just a few days before the Calendar turned to the year 2020. (It should be noted that the Spring Agenda was not released until June 24, 2019.) Individual agency agendas were…
On November 21, 2019, EPA released a pre-publication copy of its Reconsideration of the revised Risk Management Program (RMP) Rules. In an accompanying statement, the agency noted that it has taken steps to “modify and improve” the existing rule to remove burdensome, costly and unnecessary requirements while maintaining appropriate protection…
Earlier this month, the Supreme Court heard oral arguments in two important environmental cases—one that could change the approach to routine maritime charters and another that could introduce a potentially punishing permitting regime via a CWA citizen suit. Cleaning the Delaware: CITGO Asphalt Refining Company v. Frescati Shipping Company The…
Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to their jurisdiction. The Light Touch of Title I On October 1, 2019, the U.S. Court of Appeals for the…