Administrative Law

EPA Cooling Water Intake Rule Upheld in Second Circuit

By: Nathaniel Eisen On July 23rd, 2018, the Second Circuit rejected multiple challenges to the Environmental Protection Agency’s (“EPA’s”) final rule setting technological standards to prevent aquatic organism deaths in the cooling systems of power plants and manufacturing facilities  (the “Cooling Water Intake Rule” or “Rule”). The 2014 Cooling Water Intake Rule, the culmination of 40…

Read More...

Federal Agencies Begin Rulemaking to Weaken Fuel Economy Standards

By: Nathaniel Eisen As one of numerous attempts by the Trump Administration to roll back Obama-era rules, in the coming weeks, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) are expected to announce a proposed rule that would weaken the agencies’ 2012 national standards for vehicular greenhouse gas emissions and fuel…

Read More...

White House Invites Public Comment on Possible Changes to NEPA Procedures

By: Eric Stern On June 20, 2018, the Council on Environmental Quality (“CEQ”) published a (the “Notice”) that it is considering updates to the regulations governing environmental review under the National Environmental Policy Act (“NEPA”). The Notice does not propose any specific changes.  Rather, it broadly solicits comments from the public on “potential revisions to…

Read More...

Federal Agencies Commit to Streamlining Environmental Reviews for Major Infrastructure Projects

On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects.  The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described…

Read More...

WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule

On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…

Read More...

DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project

In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…

Read More...