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Articles Posted in Environmental

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With the Rise in Sea Levels, a Rise in “Soft” Coastal Resiliency Approaches

With estimates that sea levels could rise two to six feet over the next century, states are incorporating adaptation and coastal resiliency into their planning and permitting regimes. In “INSIGHT: States Shift From Seawalls to Living Shorelines,” colleagues Eric Moorman and Ashleigh Acevedo examine the different strategies being considered and…

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EPA and States Take Aim at PFAS

Per- and polyfluouroalykyl substances (PFAS) may be a mouthful, but they are also subject of heightened scrutiny by federal and state governments as concerns rise about the tenacious chemicals’ impact on human health. In their “EPA and States Target Widely Used PFAS” client alert, colleagues Mark E. Elliott, Reza Zarghamee and …

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White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

On June 21, 2019, the White House Council on Environmental Quality (CEQ) issued draft guidance clarifying the treatment of greenhouse gas (GHG) emissions in environmental impact reviews of federal projects under the National Environmental Policy Act (NEPA). Those wishing to comment on the draft must submit comments within 30 days…

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As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court

The Supreme Court will be deciding some very important regulatory law cases in the new few weeks as the term winds down. CERCLA Circled Last week, the Court granted a petition to review a significant CERCLA case, Atlantic Richfield Company v. Christian, et al., decided by the Supreme Court of…

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As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

In just the past few weeks, three states have used their Clean Water Act 401 authority to delay, for an indefinite period, FERC-authorized pipeline expansion projects. On May 6, 2019, the Oregon Department of Environmental Quality denied, without prejudice, Jordan Cove’s application for a Section 401 water quality certification. Jordan…

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Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

The latest federal regulatory agenda has been released, which, among other matters, lists proposed and projected environmental regulatory proceedings being considered by different departments and agencies. Here are some selected items. EPA The Water Office EPA plans to issue in December 2019 a Notice of Proposed Rulemaking (NPRM) to consider…

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A Property Tax Exemption, Misapplied, in Texas

In an important ruling for Texas businesses, the Texas Supreme Court has unanimously ruled that the TCEQ misapplied the Texas property tax’s exemption for specified pollution control equipment. Since 1993, the Texas Constitution has included a provision which authorizes the Texas Legislature to exempt from ad valorem taxation “all or…