A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...
A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...
The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...
The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...
The Department of Natural Resources proposed amendments to regulations governing hazardous waste management. The amendments would modify and expand universal waste regulations, such as handling of aerosol cans and lamps. A hearing will be held May 8, 2024. Comments are due May 15, 2024. See https://docs.legis.wisconsin.gov/code/register/2024/820A3/register/submit_proposed/cr_24_036/cr_24_036.
The Department of Natural Resources proposed amendments to regulations governing hazardous waste management. The amendments would incorporate federal hazardous waste regulations promulgated on July 7, 2020, including updated test methods, definition clarifications, and cross references to DOT requirements. A hearing will be held May 8, 2024. Comments are due May 15, 2024.
The Department of Natural Resources proposed amendments to regulations governing emergencies reporting, safety regulations, pipelines, and plugging of wells. The amendments would remove regulatory restrictions. A hearing will be held May 16, 2024. Comments are due the same date. See https://www.registerofohio.state.oh.us/hearings/hearingsSearch/results/848155/348909.
The Department of Environmental Conservation proposed amendments to regulations governing the transportation of radioactive materials. The amendments would replace references to the Division of Solid and Hazardous Materials with the Division of Materials Management, update language for incorporation by reference sections, and ensure consistency with federal regulations. A hearing will be held June 18, 2024. Comments are due June 23, 2024.
The Department of Environmental Services proposed amendments to regulations governing contaminated site management. The amendments would, among other things, clarify the purpose of the rules, establish definitions and provisions specific to per- and polyfluoroalkyl substances, adopt new definitions, add requirements for providing safe alternative water to impacted well owners, and clarify soil remediation standards. A hearing will be held May 23, 2024. Comments are due May 31, 2024.
The Department of Environmental Quality adopted amendments to regulations governing asbestos project permitting and management. The amendments would, among other things, incorporate updates to federal regulations, refine definitions, address inspection requirements for demolition and renovation activities, refine requirements pertaining to permits, and clarify air clearance methods and requirements. See https://sosmt.gov/docs/118/2024/63651/issue-7-current (pp. 723-26).