Category: Environmental Permitting

Judge Nixes Louisiana Formosa Plant’s Air Permits

Baton Rouge District Judge Trudy White recently vacated air permits for the Formosa Petrochemical Corp.’s proposed plastic and petrochemical plant in Louisiana’s infamous industrialized “Cancer Alley,” so named because of the high rates of cancer suffered by the predominantly African-American residents. Environmental and citizen advocacy groups challenged the permit approval decision for Formosa’s controversial Sunshine […]

Streamlined CWA Permitting Final Rule Issued

On December 27, 2021, the Army Corps of Engineers (Corps) issued a final rule for the reissuance and modification of nationwide permits (NWP), which authorizes “certain activities under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) of 1899 that have no more than minimal individual […]

Massachusetts Wetland Ruling Creates Complications for Property Buyers

The Massachusetts Supreme Judicial Court (Mass SJC) ruled on August 31 that the local conservation commission can sue new owners of real estate to require them to restore wetlands that were filled illegally, even decades after the illegal filling occurred. With this ruling in Conservation Comm’n of Norton v. Pesa, SJC-13058, the triggering event becomes […]

Next Steps for WOTUS

On August 5, 2021, the EPA and the U.S. Department of the Army announced upcoming community engagement opportunities for public input into their efforts to revise the “waters of the United States” (WOTUS) definition. Redefining WOTUS is a two-part process for the agencies. The first rulemaking will restore the WOTUS definition to the version in […]

pipeline

Supreme Court Delivers Win for Pipeline Industry

By a narrow margin, on June 29, 2021, the U.S. Supreme Court ruled states cannot use sovereign immunity as a defense to prevent federally approved pipeline projects from being built on state-owned land.

Power lines in wetlands, Nationwide Permits, Clean Water Act

Changes to Nationwide Permits System Announced by Army Corps of Engineers

On January 13, 2021, the U.S. Army Corps of Engineers (USACE) announced publication in the Federal Register of its final rule for revisions and renewals to Nationwide Permits (NWPs). The USACE “reissued 12 and issued four new (NWPs) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water […]