Generally, the Natural Gas Act (NGA) preempts a state’s ability to enforce its own state laws with limited exceptions. The purpose of the NGA preemption of state law is to expedite interstate energy projects such as natural gas pipelines that could otherwise be entangled in state regulations in multiple jurisdictions.
There are limited exceptions to
There has been multiple blog posts over the history of this site tracking the long and arduous processing of defining federally protected waters under the Clean Water Act. The U.S. Supreme Court has taken up the issue on multiple occasions, perhaps most significantly in Rapanos v. United States, 547 U.S. 715 (2006) where Justice Kennedy
It is a fundamental tenant of financial planning that you need to hedge against risk. Investors are always cautioned to diversify their portfolios (i.e. have a mix of stock, bonds and cash). Further diversify by investing in both U.S. and foreign companies. As you age, become more conservative in your investing to hedge against risk.
With headlines in the United States of intense wildfires out West and more frequent hurricanes hitting the Gulf and East Coasts, concern that the U.S. is already beginning to experience the impacts of climate change is growing. While most recognize climate change is occurring, the debate over how to effectively address climate change by reducing
You would think that the regulatory reach of the Clean Water Act(CWA), which was passed in 1972, would be well settled law. However, recent litigation has demonstrated that this is certainly not the case.
Which Wetlands and Streams are Protected?
The U.S. Supreme Court has weighed in multiple times on which wetlands and streams are
Since the sunset of the very successful Clean Ohio Brownfield Revitalization Program, brownfield redevelopment has slowed in Ohio. At a time when the economy is finally doing well, and real estate development is in full recovery mode, brownfields are still being passed over for less costly redevelopment options.
This past week, Representative Arndt introduced House
In a much anticipated move, the Trump Administration has proposed the Affordable Clean Energy (ACE) rule as a replacement for the Obama Administration Clean Power Plan (CPP). While the CPP was controversial from the start for it broad regulation of the power industry, the ACE rule will be controversial as it signifies a 180 degree
The ruling in Upstate Forever and Savannah Riverkeeper v. Kinder Morgan Energy Partners, LP expands the rights of citizens groups to bring suits for penalties and injunctive relief under the Clean Water Act even when a state EPA is actively involved in addressing the issue. Furthermore, the court ruling allows claims to be brought even
Congress does not often pass environmental legislation, so the passage of the Brownfields Utilization, Investment, and Local Development Act (BUILD Act) is noteworthy. While the amount of federal funds available will still be far less than needed to move the needle, there are important changes to the law that will help facilitate brownfield
On March 30, 2018, EPA Administrator Scott Pruitt issued a memorandum eliminating the authority of Regional Administrators to veto decisions by the Army Corps of Engineers to grant a permit for impacts to streams or wetlands. The veto authority has been re-delegated to the U.S. EPA Administrator.
Any project that results in a discharge of