An article published in Law360 by law firm Faegre & Benson used as an example the recent government shutdown in Minnesota to demonstrate the potentially unforeseen impacts of such a shutdown on the environment and environmental regulation. The most tangible interruption seemed to be the permitting and review process usually undertaken by the Minnesota Pollution [...]
Archive for the ‘Permits’ Category
31 May
A Sliver of an Exemption Left in Silviculture Rule
40 CFR 122.27 (the EPA’s “silviculture rule”) exempts from NPDES permitting all discharges from silvicultural (forestry) activities such as thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance resulting from natural runoff. But recent opinions from the U.S. Court of Appeals for the Ninth Circuit have restricted the [...]
30 Mar
Renewable Energy Permitting and Leasing on Tribal Lands
About one month ago, the Department of the Interior’s Bureau of Indian Affairs (BIA) released draft regulations that aim to “increase the efficiency and transparency of the BIA approval process” for leasing tribal land, according to a supplement that was provided along with the proposed regulations to tribal leaders for review. The draft regulations, if [...]
7 Jan
Clearing Up Oregon’s Definition of Turbidity
Marten Law published an article earlier this week describing the challenges facing Oregon’s Department of Environmental Quality (DEQ) as they revise their 30-year-old definition of “turbidity.” What is turbidity? Turbidity is a measure of water clarity or cloudiness, caused by material that is suspended in the water. The material can range from soil particles from [...]
5 Jan
Will Congress Disapprove of the EPA’s New GHG Rules?
Republican Representative Fred Upton, who has made headlines with his “flip-flopping” stance on climate change, has recently declared his intentions of leaving behind any moderates that might have supported him up to this point: According to Mother Jones, he aims to overturn the EPA’s rules governing Clean Air Act permitting for greenhouse gases. These EPA [...]
23 Dec
Icky Sickly Water Woes
Two recent news stories showcase the often uninvited residents of our nation’s water resources. Waterways through and surrounding the city of Boston have been receiving unwelcome and illegal dumps of raw sewage and other pollutants, according to a citizen lawsuit filed by the Conservation Law Foundation (CLF) in February of 2010. CLF alleges that defendant [...]
15 Dec
EPA Listening Session Today on Vessel General Permits
Today from 9-5 the EPA is holding a listening session to obtain feedback from the public on improving the next Vessel General Permit (VGP). The VGP is a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit that regulates discharges “incidental to the normal operation of vessels operating in a capacity as a means [...]
2 Dec
Tailoring Rules May Send GHG Controls BACT to the Drawing Board
An interesting Alert published by K&L Gates this week explores the question, “What types of ‘Best Available Control Technologies’ could be utilized to control GHG emissions?” Earlier this year, the EPA published the Final GHG Tailoring Rule, which, when it becomes effective next January, will require certain new and existing GHG-emitting facilities to obtain a [...]
18 Nov
Leaked Corps Notice Favors Renewable Energy Over Wetlands
Will the Army Corps of Engineers move forward with a plan to permit construction of renewable energy facilities on wetlands and streams? A draft proposal leaked earlier last week reveals that the Corps is contemplating creating three new nationwide permits (NWPs) that would allow for the discharge of dredged or fill material into non-tidal waters [...]
