A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam. The biologist argued the operations, which released water from the dam into the Russian River, violated §9 of the ESA by unlawfully "takin...
The Seventh Circuit reversed a district court's preliminary injunction prohibiting approval of a proposed land exchange in Wisconsin for construction of a high-voltage electric transmission line that would run through the Upper Mississippi River National Wildlife and Fish Refuge. The appellate court...
The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control...
The D.C. Circuit affirmed summary judgment for the Army Corps of Engineers and NMFS in a challenge to approval of a dredging project in Puerto Rico's San Juan Bay. Environmental groups argued the agencies failed to take the necessary "hard look" at the project's environmental effect. The district co...
The Department of Natural Resources adopted a new rule concerning the management of diversions and intrabasin transfers. The rule establishes Department procedures for managing Great Lakes diversions and intrabasin transfers, including the application and review process and other related criteria. See https://docs.legis.wisconsin.gov/code/register/2024/821A1/register/cr/cr_23_050_rule_text/cr_23_050_rule_text.
The Department of Natural Resources adopted a new rule concerning statewide water supply service area planning. The rule establishes a continuing water supply service area planning process for public water supply systems in Wisconsin that serve a population of 10,000 or more. See https://docs.legis.wisconsin.gov/code/register/2024/821A1/register/cr/cr_23_049_rule_text/cr_23_049_rule_text.
The Department of Environmental Protection proposed amendments to regulations governing electronic waste management. The amendments would update the cross-reference for the definition of covered electronic device and adopt new requirements for electronic waste management. A hearing will be held June 12, 2024. Comments are due June 10, 2024.
The Department of Environmental Protection adopted amendments to regulations governing the residential soil remediation standard for lead. The amendments update the standard for the ingestion-dermal exposure pathway for lead in Appendix 1, Table 1 based on EPA revisions.
The Fish and Wildlife Conservation Commission proposed to adopt a new rule designating and declaring the Florida reef gecko as a candidate species. The rule would prohibit the intentional take of the Florida reef gecko except as authorized by specific permit from the Executive Director. Comments are due May 30, 2024. See https://www.flrules.org/Gateway/View_notice.asp?id=28340701.
The Department of Fish and Wildlife proposed to adopt a new rule concerning the suspension or revocation of lake and streambed alteration agreements. The rule would establish a process by which the Department may suspend or revoke a lake or streambed alteration agreement if the Department determines the permittee is not in compliance with the terms of their agreement or fails to submit a timely status report when a report is required. A hearing will be held June 18, 2024. Comments are due the same date.