Category: Environmental Permitting

Final Rule Issued for NSR Permitting Process

On October 22, 2020, the EPA finalized a rule to streamline and improve the Clean Air New Source Review (NSR) permitting process. It specifically clarifies the process to evaluate when an NSR preconstruction permit is required when an existing major emitter facility makes changes.

Water, groundwater

Supreme Court Says Permits Required for Groundwater Discharges

By a tally of 6 to 3, the U.S. Supreme Court found that under certain circumstances, a discharge of pollution from a point source that travels in groundwater before entering a navigable water subjects the discharger to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA).

Menominee River

Tribe Effort to Invalidate Dredge-and-Fill Permit Fails

Attempts by the Menominee Indian Tribe of Wisconsin to invalidate a Clean Water Act (CWA) Section 404 (dredge and fill) permit the Michigan Department of Environmental Quality (MDEQ) granted Aquila Resources Inc. for a mining project on a portion of the Menominee River were unsuccessful in both a federal district court and the U.S. Court […]

Montana landscape

The Montana Exceptions and a Hazardous Waste Case

In Montana v. United States (1981), the U.S. Supreme Court found that Indian tribes do not have civil or criminal jurisdiction over nontribal members within a reservation. This opinion has proven to be one of the clearest indications that Indian tribes possess no authority over lands they do not own (called non-Indian fee lands), even […]

EPA Headquarters

EPA Looks to Trim Authority of Environmental Appeals Board

With the goal of expediting resolution of objections to permits issued by the EPA under major environmental statutes, the Agency is proposing amendments to regulations governing its Environmental Appeals Board (EAB). Among the seven proposed revisions, the most significant would strengthen the role of the alternative dispute resolution (ADR) program. Other parts of the proposal […]