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.
DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.
United States v. Dow Silicones Corp., No. 19-11880 (E.D. Mich. Apr. 24, 2024). A proposed consent decree modification extends a deadline for a settling CWA defendant’s implementation of a stormwater capacity and pollutant evaluation from January 24, 2023, to January 24, 2026, and also includes requirements to mitigate any environmental harm associated with the extension of the deadline.
EPA revised the water quality standards (WQS) regulation under the CWA to add requirements for states establishing WQS in waters where tribes hold and assert rights to CWA-protected aquatic and aquatic-dependent resources reserved through treaties, statutes, or executive orders.
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.
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.
CEQ finalized its “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA.
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.
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.
DOE revised its NEPA implementing procedures to add a categorical exclusion for certain energy storage systems and modify categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of the Department’s NEPA regulations.
EPA finalized national primary drinking water regulations for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA), and perfluorobutane sulfonic acid (PFBS); the Agency also finalized a Hazard Index of 1 as the maximum contaminant level goal and maximum contaminant level for any mixture containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS.