Environmental Law Blog

On Wednesday, June 8, 2011 by Pat Larkin posted in Environmental Law Blog
Under CAA Section 165(c) the EPA Administrator is directed to issue or deny PSD permits "not later than one year after …filing of such completed application."  The EPA found this statutory time line to be ambiguous and created a 2-3 year administrative appeal process that would precede final issuance or denial.

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On Thursday, June 2, 2011 by Sara Kate Jancaitis posted in Environmental Law Blog
With the tussle between the federal government and the State of Texas over regulation of greenhouse gases growing ever more intense, it was interesting to see the government side with industry in Electric Power Co., Inc. v. Connecticut, No. 10-174. In American Electric, a group of states, private land trusts, and New York City sued five major electric utilities, which plaintiffs claimed are the largest emitters of greenhouse gases in the United States, contributing to global warming and threatening catastrophic change in the earth’s climate. Plaintiffs, suing under federal common nuisance law, sought injunctive relief to cap and reduce defendants’ greenhouse gas emissions. The district court dismissed the plaintiffs’ claims, finding that the case raises political questions that leave the courts without jurisdiction.

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On Thursday, May 26, 2011 by N. Tobias Smith posted in Environmental Law Blog
EPA appears to be reaffirming its national enforcement initiative to prevent “animal waste from contaminating surface and ground waters,” despite the setback it suffered in the recent National Pork Producers Council v. U.S. Environmental Protection Agency case. In National Pork, the 5th Circuit, sitting as the MDL-designated court, vacated portions of the EPA’s 2008 concentrated animal feedings operations (CAFOs) rules.

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On Thursday, May 12, 2011 by Pat Larkin posted in Environmental Law Blog
On April 27th, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued draft guidance to further define “Waters of the United States”, which in turn, defines the scope of the agencies’ jurisdiction under the Clean Water Act. The Draft Guidance is part of the “clean water framework” the Obama Administration announced that same day.

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On Friday, May 6, 2011 by Connie Westfall posted in Environmental Law Blog
Connie Westfall, one of our authors and editors, has been published in this month's volume of the Texas Bar Journal. Her article, The Long and Winding Road: the EPA's Amendments to the Oil Spill Prevention, Control, and Countermeasure Rules, is part of a five-piece perspective on new developments in environmental law, and the Texas attorneys who are on the forefront. We know you'll find this article as interesting as we do, and if you have any questions about its contents, please feel free to e-mail Connie directly at connie.westfall@strasburger.com.

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