Update on EPA’s Proposed “Waters of the U.S.” Rule

As we highlighted here a couple of months ago, the Environmental Protection Agency (EPA) released a proposed rule in March that could significantly expand the scope of the federal government’s jurisdiction under the Clean Water Act (“CWA”). While EPA claims the rule is needed to clarify the scope of the CWA, most regulated businesses have …

EPA Proposes Rule to Clarify CWA Jurisdiction

On March 25th, EPA released a draft of the long-awaited and highly-anticipated rule intended to clarify the scope of the Federal Clean Water Act (“CWA”). According to the EPA, the proposed rule does not expand the scope of the CWA and will benefit permittees through increased permitting efficiency and regulatory certainty. To say that industry …

Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ‎new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ‎projects and activities (78 Fed. Reg. 18,481 (Mar. 27, 2013)). The new procedure is prescribed in 36 CFR Part 218. The affected projects and ‎activities consist …

Wyoming Again Takes the Lead in Fracking Regulation

Wyoming has once again taken the lead in the regulation of hydraulic fracturing, or as it is commonly referred to as “fracking”. In response to Governor Matt Mead’s Energy Strategy, the Wyoming Oil and Gas Conservation Commission (Commission) adopted rules on November 14, 2013, with an effective date of March 1, 2014, requiring companies to perform baseline …

BPC Issues Report on Impact of Environmental Regulations on Reliability of U.S. Electric System

The Bipartisan Policy Center (BPC) issued a report this week analyzing the impact of new and pending regulations under the Clean Air Act (CAA) on the reliability of the country’s electric system.  The report’s conclusion is that the reliability impacts will be “manageable” and that tools are available to address localized reliability issues.  However, the report also warns that careful planning will …

Supreme Court Declines Review of Uranium Mine Permit

On Monday, November 15, 2010, the US Supreme Court denied cert to hear a last minute challenge to Hydro Resources Inc.’s Nuclear Regulatory Commission license to mine uranium in northwestern New Mexico near Church Rock.  The permit would allow Hydro Resources to leach-mine uranium.  Challengers had challenged the license after the US 10th Circuit denied …