The US District Court for the District of Columbia recently dismissed challenges to Executive Order 13,771, which requires federal agencies to rescind two regulations for every new regulation issued. The court held that the environmental group and union plaintiffs lacked standing and that the groups could not show how their members would be harmed by the order.
The Superintendence of the Environment (SoE) recently issued an environmental resolution ordering the permanent cessation of Compañía Minera Nevada (CMN) SpA's Pascua Lama mining project. After having considered the background and evidence provided during the investigative process, the SoE ordered the permanent closure of the mining site based on a number of breaches and imposed a series of fines. CMN SpA has filed a complaint against the resolution.
The Supreme Court recently held that challenges to the Waters of the United States Clean Water Act 2015 jurisdictional rule issued by the Environmental Protection Agency and the Army Corps of Engineers could be raised only in the US district courts. A number of legal challenges to the rule are pending in the district courts.
The National Waters Commission recently submitted to the Federal Regulatory Betterment Commission its draft revision of the Mexican official standard which establishes the maximum permissible levels of pollutants in wastewaters discharged into national waters or properties. The draft aims to modernise the standard by including additional terms and definitions, pollutants and parameters regarding wastewater discharges into federal waters, as well as new sampling and reporting frequency obligations.
The Environmental Protection Agency has issued a guidance memo that reverses its interpretation of the 'once in, always in' policy, which locked a source into meeting the maximum achievable control technology standards for major sources of hazardous air pollutants under the Clean Air Act. The revised guidance may provide sources that no longer exceed the major source threshold with the opportunity to reduce burdensome monitoring, record-keeping and reporting requirements.
The Department of Justice (DOJ) recently issued a new policy in order to prohibit the department from using its civil enforcement authority to compel compliance with agency guidance documents. The policy has major implications for civil environmental enforcement actions, such as new source review cases and Clean Water Act matters in which the DOJ relies heavily on Environmental Protection Agency guidance documents to establish violations of law.
The Toxic Substances Control Act inventory reset process is now taking place. The reporting deadline for chemical manufacturers and importers was February 7 2018 and the deadline for all other companies that use chemicals is October 5 2018. Meeting these deadlines is important because a chemical will not be legal for use in the United States if it is not identified, reported (or subject to an exemption) and included in the active Toxic Substances Control Act inventory.
The US Court of Appeals for the District of Columbia Circuit recently issued an order rejecting North Dakota's bid to intervene to oppose an Environmental Protection Agency (EPA) settlement. In 2015 the environmental groups sued the EPA in district court, alleging that the EPA had failed to undertake non-discretionary statutory duties periodically to review and, if necessary, revise its Resource Conservation and Recovery Act solid waste rules.
The California Supreme Court recently ruled that the charges that the city of Ventura pays to the United Water Conservation District for groundwater conservation activities are neither taxes nor fees that require approval by property owners or vote. This decision limits to some degree the ability of the municipal water supplier to set rates for water service and will have an effect on both agricultural and residential water users.
In the mid-1980s a Swedish mining company exported toxic waste to Chile to be processed. In the 1990s the waste was allegedly used in building foundations and the high arsenic levels allegedly caused serious health issues to the local residents. Subsequently, close to 800 Chileans sued the Swedish mining company. The trial started in October 2017 after more than three years of preparatory proceedings. A decision is expected in early 2018.
Husqvarna, a Swedish company that makes outdoor power tools, has agreed to settle with the Environmental Protection Agency over allegations that it overstated the emission reduction capabilities in certain engine models, according to a consent decree. Husqvarna will pay more than $2.8 million in penalties to the United States for air pollution testing violations from its leaf blowers, trimmers and chainsaws.
The Delaware River Basin Commission has issued draft regulations that would ban fracking in portions of Delaware, New Jersey, New York and Pennsylvania. If implemented, the rules would make permanent a de facto moratorium on fracking in the basin that has been in place since 2010. The commission will hold four hearings at the end of January 2018 and will accept written comments on its proposal until February 28 2018.
The Environmental Protection Agency (EPA) recently issued a guidance memo clarifying its interpretation of the Clean Air Act's New Source Review (NSR) regulations, including outlining when and under what criteria the EPA will consider the emission projections that a source makes under the rules. The memo is part of the EPA's implementation of the president's directive to streamline regulatory permitting requirements for manufacturing and other facilities.
The Environmental Protection Agency (EPA) recently announced its decision on its proposed regulations for financial responsibility requirements for hard rock mining and mineral processing facilities. According to the EPA, it decided not to issue final regulations because it determined that they were inappropriate based on the EPA's interpretation of the statute and its analysis of its record developed for this rulemaking.
A recent Supreme Court of Justice decision required the applicant in a proceeding initiated to complete the good and legal title of surface water rights to notify all holders of water rights in the same watershed to which the application referred. Failure to involve other rights holders in the same river basin in the respective proceedings, as required by this decision, could render subsequent proceedings obsolete and thus result in the loss of considerable time for the applicant.
Can an environmental organisation file suit under the Resource Conservation and Recovery Act's citizen suit provision claiming harm from stormwater run-off which could be, but was not, subject to limits under a Clean Water Act permit? The US Court of Appeals for the Ninth Circuit recently held that it could. The ruling is a portentous development at a time when environmental groups are actively seeking out litigation opportunities to enforce federal regulations.
The Ninth Circuit recently issued an opinion that reflected a limited interpretation of the scope of the Resource Conservation and Recovery Act's anti-duplication provision, which provides that the act must be construed to apply to or authorise state regulation of "any activity or substance" regulated under several other federal statutes, including the Clean Water Act.
The Federal Council recently published its dispatch regarding the total revision of the Federal Act on the Reduction of Carbon Dioxide Emissions for 2021 to 2030. The parliamentary debate on the revision of the act will start in 2018. This will define the development and course of Swiss climate policy for upcoming years. Switzerland aims to tighten the act and reinforce its contribution to the limitation of global warming to below 2 degrees Celsius above pre-industrial levels.
A pair of new lawsuits claim that various government officials and agencies are violating youth plaintiffs' constitutional rights due to a failure to combat climate change sufficiently. The first case is against the state of Alaska, its governor and various other state officials and agencies. The second case alleges that specific Trump administration actions violated the plaintiffs' due process and public trust doctrine rights.
The Environmental Protection Agency (EPA) recently issued a directive intended to strengthen and improve membership on the agency's advisory committees. The directive calls for the EPA to apply the following principles in setting membership on its advisory committees: strengthen member independence; increase state, tribal and local government participation; enhance geographic diversity; and promote fresh perspectives.