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89 FR 36729

SIP Proposal: California (revisions concerning emissions of volatile organic compounds from crude oil and natural gas facilities). 

89 FR 36870

EPA proposed revisions to the preconstruction permitting regulations that apply to modifications at existing major stationary sources in the new source review program under the CAA. 

89 FR 36982

FWS established a nonessential experimental population of the grizzly bear within the U.S. portion of the North Cascades Ecosystem (NCE) in the state of Washington under §10(j) of the ESA in order to support the reintroduction, recovery, and conservation of the species within the NCE. 

89 FR 35312

DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.

Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement

The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.

89 FR 35091

EPA entered into a proposed settlement agreement under the CAA in Nevada Cement Co., LLC v. EPA, Nos. 23-682 and 23-1098 (9th Cir.), that would establish a process and deadlines by which plaintiff would apply to EPA for a case-by-case emissions limit request for its Fernley, Nevada, facility, in exchange for agreeing to lift a judicial stay. 

89 FR 35384

DOE established energy performance standards for the new construction and major renovation of federal buildings per the Energy Conservation and Production Act, as amended by the Energy Independence and Security Act of 2007. 

89 FR 35634

BLM updated procedures governing the Bureau’s renewable energy and right-of-way programs, focusing on two main topics: solar and wind energy generation rents and fees; and agency discretion to process applications for solar and wind energy generation rights-of-way inside designated leasing areas. 

89 FR 34137

SIP Approval: New Hampshire (revisions to establish nitrogen oxide reasonably available control technology requirements for coal-fired cyclone boilers).