According to a Forbes article in 2016, the Federal Energy Regulatory Commission (FERC) approved almost 40 major pipeline projects across the country, covering 1,200 miles, over 14 Bcf/d of new capacity (total national consumption is around 75 Bcf/d), and over $10 billion in new investment. Most of these new pipelines are being built in the
clean water act
Surge in Environmental Citizen Suits Anticipated under Trump Administration
The Trump Administration has made rollback of environmental regulations a top priority. Through the use of Executive Orders and the Congressional Review Act(CRA), the Administration has already undone significant Obama era regulations, including the Waters of the U.S. Rule (WOTUS) and the Clean Power Plan.
The Trump Administration has also proposed significant budget cuts to…
Ignoring the Need for a Permit Can Lead to Jail Time
U.S. EPA released its December Environmental Crimes Bulletin. One notable case highlighted involved the failure to obtain and industrial pre-treatment permit for discharges to the municipal wastewater system. As set forth in the bulletin, U.S. EPA describes the case as follows:
Thomas H. Faria, Sheffield’s former president and chief executive officer, who pleaded guilty
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First 100 Days- Repeal of the Clean Water Rule and Clean Power Plan
In a major upset, Donald Trump wins the Presidency last night. In less than twenty-four hours after the official concession by Secretary Clinton, people are scrambling to figure out what a Trump Presidency really means. Because he was purposefully silent on specifics during the General Election, many are left this morning "reading the tea leaves"…
Army Corps of Engineers Issues Regulatory Guidance in Response to Hawkes Case
On October 31, the Army Corps of Engineers ("ACOE") issued new guidance as to the types and prioritization of jurisdictional determinations (JDs). Regulatory Guidance Letter (RGL) 16-01 "Jurisdictional Determinations" has very little new guidance in reality. However, some key language in the RGL makes clear the real purpose behind the RGL.
What is…
Expect Dramatic Increases in Federal Civil Penalties for Environmental Violations
On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. The law required all federal agencies to increase civil penalties with inflation. While there were previous requirements to increase civil penalties, the new law provides for more dramatic increases attributable to the following changes:
- Requires
…
U.S. EPA’s July Environmental Crimes Bulletin- Failure to Notify, Falsification and Waters of the U.S.
Here are the highlights from U.S. EPA’s July Environmental Crimes Case Bulletin:
Failure to Notify Regarding Asbestos
A Company had sampling performed to determine if the walls and ceiling of a riverboat they were going to demolish contained asbestos. The samples indicated they did contain asbestos. According to U.S. EPA, the company hired…
Supreme Court Decides Army Corps JD’s Can be Appealed
In a very significant case for property owners and developers, the U.S. Supreme Court issued its decision today that Army Corps Jurisdictional Determinations (JDs) are final agency actions which can be challenged in Court. In U.S. Army Corps of Engineers v. Hawkes, the Court determined that JDs meet the test for final agency actions:…
EPA Release New National Enforcement Initiatives for 2017-2019
On February 28, 2016, U.S. EPA publicly announced its priority enforcement areas (EPA National Enforcement Initiatives or NEIs) for the next three years (fiscal years 2017-2019). The announcement provides keen insight into how EPA plans to allocate its enforcement resources in the coming years.
EPA describes the NEIs in the following manner:
"Every three
…
Court Finds Industrial Stormwater “Presumptively Dirty”
For a long period of time, U.S. EPA exempted stormwater from coverage under the Clean Water Act. This was largely due to the fact that EPA had enough on to do in simply regulating discharges from traditional point sources of water pollution. In 1987, Congress gave EPA the authority to regulate stormwater discharges from "presumptively…