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A Minnesota law that prohibits utilities from meeting state electricity demand with power from new plants that contribute to statewide carbon dioxide (CO2) emissions was found in violation of the Constitution’s dormant Commerce Clause because the law places an undue burden on interstate commerce.
Referencing an opinion by the U.S. Supreme Court, the EPA is proposing to remove a restriction on when a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) permit may be rescinded. Specifically, the proposal would remove from 40 CFR 52.21(w) the provision indicating that a stationary source may request to have its PSD permit […]
The U.S. Army Corps of Engineers (Corps) is proposing to renew its 50 existing nationwide permits (NWPs) and to add two new NWPs. The existing permits expire March 18, 2017, and the Corps wishes to have the reissued permits effective immediately after expiration.
Sediment and soil runoff from improperly managed construction sites can greatly contribute to surface water degradation and cause detrimental impacts to aquatic life. To minimize the impacts to surface water quality, the U.S. Environmental Protection Agency (EPA) and the states require that construction projects of a certain size follow stormwater regulations. One such regulatory measure […]
On this episode, What Hawkes Means for Wetland Determinations, we speak with attorney and water expert, Stan Millan about the recent U.S. Supreme Court decision, Army Corps of Engineers v. Hawkes and what the ruling means for the future of wetland permitting.
In a ruling with no dissent—although several brief, separate, concurring opinions were filed—the U.S. Supreme Court found that an approved jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) about the Clean Water Act (CWA) status of a property is a final agency action subject to judicial review.
Q. We spray paint small items such as pumps and motors and puncture the empty paint cans to capture the remaining teaspoon or so of paint that is placed in a drum. Is this remaining paint a hazardous material, and if so, how should we label the drum?
The EPA has issued a proposal to update provisions under 15 headings in its National Pollutant Discharge Elimination System (NPDES) program. The proposal results in part from an ongoing directive from the White House instructing federal agencies to conduct periodic reviews of regulations to eliminate outdated requirements and reduce the compliance burden on the regulated […]
Q. Does a trucking terminal need an SPCC plan? A. Although the SPCC regulations are geared to non-transportation-related facilities, in the transportation sector, SPCC rules also apply to many terminals and maintenance facilities, depending on their location and the amount of oil stored on site. A trucking terminal is subject to the rule if it […]
The attorneys general (AGs) of West Virginia and Texas do not believe the EPA should provide assistance to the states with implementing the Clean Power Plan (CPP) while the U.S. Supreme Court’s stay of that rule is in effect. In a letter to Janet McCabe, EPA’s acting assistant administrator of Air and Radiation, West Virginia […]