Topics

AB 32 California Global Warming Solutions Act

Senate Bill Proposes Major Market-Based Remodel of Cap-and-Trade ProgramWhat You Need to Know about the Proposed Revisions to Cap and TradeU.S. Supreme Court Declines to Hear Dispute over California Low Carbon Fuel Standard

Agribusiness

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusWhite Paper Finds No Evidence of Elevated Threat to Human or Crop Safety from Use of Oil Field Produced Water to Irrigate CropsState Water Board to Hold Additional Winery General Order Fees Stakeholder Meeting on April 28, 2021

Air Quality

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in EffectOhio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIPSOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE – NEW AIR QUALITY AND OIL & GAS REGULATORY DEVELOPMENTS

California

Los Angeles Regional Water Board Adopts New CII Stormwater PermitNo Pause for Climate Disclosures: Court Denies Motion for Preliminary Injunction Against California’s SB 253 and SB 261California’s New Climate-Related Disclosure Laws

Causes / Issues

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusLos Angeles Regional Water Board Adopts New CII Stormwater PermitFWS and NMFS Finalize Rule Rescinding ESA Definition of “Harm”

CEQA: The California Environmental Quality Act

Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743Environmental Challenge Blasts Kern County Oil and Gas RulesEnvironmental Justice Lawsuit Accuses L.A. of Discriminatory Oil Permitting

Clean Water Act

Oregon Court of Appeals Confirms Removal of Receiving Water Limits Is Not BackslidingEPA Proposes to Narrow Scope of Clean Water Act Section 401 Water Quality Certifications – Comment Deadline LoomingWhen EPA Comes Knocking: Guidance on Environmental Enforcement

Climate Change

SEC Stays Its Climate Disclosure RulesThe New SEC Climate Disclosure Rule Will Drive Risk Mitigation and Value Creation

Comprehensive Environmental Response, Compensation, and Liability Act

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusEPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

COVID-19

State Water Agencies Expect Water Use Reporting to Continue as Normal as California Shelters in Place

Endangered Species Act

FWS and NMFS Finalize Rule Rescinding ESA Definition of “Harm”U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species ActU.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule

Energy

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusNew Department of Interior Review May Heighten Scrutiny and Lengthen Permitting Timelines for Some Wind and Solar ProjectsU.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act

Environmental Contamination

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusSCOTUS Strikes Down “End-Result” Limitations in NPDES PermitsEPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

Firm News

Stoel Rives Welcomes Environmental Attorney in Seattle

High Speed Rail

Construction For The California High-Speed Rail Is Chugging Right AlongHigh-Speed Rail Authority Issues Progress ReportHigh-Speed Rail Authority Under Fire for Disrupting San Joaquin Kit Fox Habitat

Industries

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusEPA Again Delays Start of TSCA PFAS Reporting—Now Until January 2027 at the LatestNew Department of Interior Review May Heighten Scrutiny and Lengthen Permitting Timelines for Some Wind and Solar Projects

Laws / Regulations

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusLos Angeles Regional Water Board Adopts New CII Stormwater PermitFWS and NMFS Finalize Rule Rescinding ESA Definition of “Harm”

Manufacturing

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusEPA Again Delays Start of TSCA PFAS Reporting—Now Until January 2027 at the LatestNew EPA Rule on PFAS: Urgent Action Required for Manufacturers & Importers

Mining

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act

Minnesota

Minnesota Enacts Sweeping PFAS Restrictions

NEPA

When EPA Comes Knocking: Guidance on Environmental EnforcementSeven County Infrastructure Coalition v. Eagle County: Agencies Granted Substantial Deference in Assessing Project Scope and Environmental ImpactsFederal Government Finalizes Significant Changes to NEPA Regulations

NPDES

Oregon Court of Appeals Confirms Removal of Receiving Water Limits Is Not BackslidingSCOTUS Strikes Down “End-Result” Limitations in NPDES PermitsState Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

Oil and Gas

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species ActWhite Paper Finds No Evidence of Elevated Threat to Human or Crop Safety from Use of Oil Field Produced Water to Irrigate CropsSOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE – NEW AIR QUALITY AND OIL & GAS REGULATORY DEVELOPMENTS

Oregon

Oregon Court of Appeals Confirms Removal of Receiving Water Limits Is Not Backsliding

Proposition 65

9th Circuit Ruling Halts Prop 65 Acrylamide Lawsuits, AgainCalifornia Landlords May Need to Take Additional Steps by July 2019 to Comply with Prop 65A Prop. 65 Win for Winemakers: No Separate Warning Required for Inorganic Arsenic

Regulations

D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in FocusLos Angeles Regional Water Board Adopts New CII Stormwater PermitFWS and NMFS Finalize Rule Rescinding ESA Definition of “Harm”

States

Los Angeles Regional Water Board Adopts New CII Stormwater PermitOregon Court of Appeals Confirms Removal of Receiving Water Limits Is Not BackslidingStoel Rives Welcomes Environmental Attorney in Seattle

Timber

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species ActCalifornia Water Commission Adopts Regulations For Changing Groundwater Basin BoundariesSupreme Court Rejects Logging Road Permit Requirement

Trump

New Department of Interior Review May Heighten Scrutiny and Lengthen Permitting Timelines for Some Wind and Solar ProjectsNinth Circuit Signals Potential Changes to EPA Effluent Guidelines

Uncategorized

EPA Proposes to Narrow Scope of Clean Water Act Section 401 Water Quality Certifications – Comment Deadline LoomingBe Careful of What You Wish For – Environmental Groups Complain about the Environmental Study of Hydraulic Fracturing That They Sued BLM to doOSPR Extends Rulemaking Comment Period for Inland Facilities

Washington

Stoel Rives Welcomes Environmental Attorney in Seattle

Water Quality

Los Angeles Regional Water Board Adopts New CII Stormwater PermitSCOTUS Strikes Down “End-Result” Limitations in NPDES PermitsState Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

Water Rights

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

Wine

State Water Board to Hold Additional Winery General Order Fees Stakeholder Meeting on April 28, 2021State Water Board to Hold Upcoming Winery General Order Fees Stakeholder Meeting and Public Training Workshop Webinars in March and April 2021Update: State Water Board Adopts Final Winery General Order