Archives: Environmental Protection

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Local Control in the US Gaining Steam … Again?

On Tuesday, April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181 (SB19-181) into law.  SB19-181 was a controversial bill as it made its way through the Colorado Legislature, and it is now a controversial piece of legislation.  Indeed, SB19-181 passed the Colorado Legislature strictly along party lines, and it has now pitted some … Continue Reading

President Trump Signs Drought Contingency Plan for Colorado River

Months ago, in the face of “unacceptably high” risk to the Colorado River’s complex system of reservoirs, US Bureau of Reclamation Commissioner, Brenda Burman, indicated that if the seven Colorado River Basin States could not agree to a drought contingency plan (DCP), then the federal government would post a notice in the federal register seeking … Continue Reading

Keystone XL Pipeline Litigation Takes a Turn on Heels of President Trump’s New Presidential Permit

The Keystone XL Pipeline is back in the spotlight. In the first quarter of 2019, the U.S. District Court for the District of Montana and the U.S. Court of Appeals for the Ninth Circuit upheld the injunction prohibiting TransCanada Keystone Pipeline, LP and TransCanada Corporation (TransCanada) from beginning construction on the Keystone XL Pipeline. On … Continue Reading

Environmental, Safety & Health Practice Group Launches Comprehensive Suite of UK-Based Training Programs

The scope of this training includes practice and procedure for health and safety law, environment, anti-bribery and corruption, food and drink laws and product safety. Legal compliance issues can have a huge impact on the fortunes of your business. Investing in skills, knowledge and competencies at all levels of an organisation is the most effective … Continue Reading

Four Things to Know About US EPA’s Draft WOTUS Rule

On February 14, 2019, the US Army Corps of Engineers and US EPA (Agencies) published in the Federal Register the proposed rule to revise the definition of “Waters of the United States,” the term that identifies the scope of federal jurisdiction under the Clean Water Act.  The proposed rule is the second step in a two-part process … Continue Reading

US EPA Approves Missouri’s Innovative Approach to Limiting Nutrient Pollution

In December 2018, the US EPA approved Missouri’s standards for limiting nutrient pollution in lakes and reservoirs in the state. The Agency’s approval comes after years of past debate and litigation between US EPA and Missouri over the state’s approach to nutrient criteria and, notably, represents a reversal from US EPA’s Obama-era opposition to the state’s … Continue Reading

After Shutdown, US EPA Announces New Hearing Date for the New WOTUS Rule

As a result of the recent lapse in appropriations, the US EPA and US Department of the Army (Army) delayed a planned January 23, 2019 hearing regarding the proposed new “Waters of the United States” (WOTUS) definition. Publication of the proposed rule and the start of the comment period on the rule were also postponed due … Continue Reading

Left In The Lurch – Another UK Landlord Convicted Following Tenant’s Unlawful Waste Operations

Recent caselaw demonstrates that regulators are prepared to prosecute landlords as a direct result of their tenants’ unlawful waste operations. Landlords should consider this possibility when negotiating with prospective tenants and put in place reasonable safeguards to protect themselves. However, victims of fly-tipping may potentially face a similar risk of prosecution against which such safeguards … Continue Reading

The Significance in UK Nuisance Law of the Introduction of the “Agents of Change” Principle

The National Planning Policy Framework (NPPF) was first published in March 2012. The original NPPF (NPPF1) consolidated various other Planning Policy documents into one overarching framework. The purpose of the NPPF is set out in the introduction which states that “It provides a framework within which locally-prepared plans for housing and other development can be … Continue Reading

Colorado Proposition 112: If Colorado Bans New Oil and Gas Development, What Next?

The State of Colorado is a leader in regulating oil and gas development. But a ballot initiative proposes a more dramatic regulatory step: restricting oil and gas development all together. In the upcoming election, Colorado voters will decide whether to enact Proposition 112, a law requiring a 2,500-foot setback between any new oil and gas developments and any “occupied … Continue Reading

July 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our July edition, we look at 37 new developments that may be relevant to anyone with an interest in the environmental, safety and health sector. Some of … Continue Reading

Warning: One Month Left Before New California Prop 65 Regulations Become Operative on August 30, 2018

We are now in the final month before the newly-amended Clear and Reasonable Warning regulations in California’s Proposition 65 (Prop 65) take effect on August 30, 2018. Businesses have had since August 30, 2016 to prepare and comply with the newly-amended regulations, and we have been posting regular reminders (1-year reminder and 6-month reminder), which … Continue Reading

US Agencies Propose Sweeping Changes to Endangered Species Act Implementing Regulations

The US Fish and Wildlife Service (FWS) and the National Oceanic Atmospheric Administration (NOAA) Fisheries, two federal agencies charged with administering the Endangered Species Act (ESA or Act), recently announced major revisions to the regulations implementing the Act. The proposed rules were published in the Federal Register on July 25, 2018 and have already garnered … Continue Reading

June 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. This month we review 40 new developments that may be of interest to those in the environmental, safety and health sector, including: BUPA was fined £3 million after … Continue Reading

White House Seeks Guidance on Environmental Review Standards

Government agencies may soon use a different framework for evaluating the environmental impact of their decisions. The Council on Environmental Quality (CEQ), the executive agency tasked with ensuring that federal agencies meet their obligations under the National Environmental Policy Act (NEPA), published a notice on June 20, 2018 seeking input from the public about changes to the … Continue Reading

US EPA Releases Problem Formulation Documents for “First Ten” TSCA Risk Evaluations

The United States Environmental Protection Agency (US EPA) has formally released “problem formulation” documents for the risk evaluations it is conducting on the “first ten” chemical substances under the amended Toxic Substances Control Act (TSCA).  Formal notice of the problem formulation documents was published in the Federal Register on June 11, 2018.  Comments on the … Continue Reading

Groups Request Comment Period Extension on US EPA’s Proposed Rule Banning the Use of “Secret Science”

US EPA announced on April 24, 2018 that EPA Administrator, Scott Pruitt, had signed a proposed rule to strengthen the science used in regulations issued by US EPA. The proposed rule, “Strengthening Transparency in Regulatory Science,” was published on April 30, 2018 and would require that – where scientific studies are pivotal to US EPA’s regulatory action … Continue Reading

A Tilted Balance: Emerging Regulation of Nutrient Pollution in Ohio

Nutrient pollution has become a growing concern in the State of Ohio and elsewhere along the Great Lakes.  In the summer of 2014, large algae blooms in Lake Erie generated toxins that contaminated the City of Toledo’s drinking water.  In response, the City instructed 400,000 people not to drink or cook with tap water, prompting … Continue Reading

March 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, a monthly newsletter that provides bite-size updates on EU and UK law, procedure and policy. This month, we summarize nearly 30 developments of interest within the UK and … Continue Reading

February 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

Check out the February 2018 edition of the UK Environmental, Safety & Health team’s monthly newsletter, frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law and Procedure, for “bite-sized” updates on EU and UK law and policy on the following hot topics:… Continue Reading

Legal Challenges Ahead After President Trump Reduces Utah National Monuments

On December 4, 2017, President Trump issued two Presidential Proclamations reducing the size of Bears Ears and Grand Staircase-Escalante National Monuments by more than 800,000 acres and 1.1 million acres, respectively.  Bears Ears and Grand Staircase-Escalante National Monuments had been previously created by Presidents Obama and Clinton pursuant to the Antiquities Act of 1906.  The announcement by … Continue Reading

Deadline Approaching for Chemical Manufacturers and Importers to Submit Chemical Substance Notifications to US EPA Under the TSCA Inventory Reset Rule

The February 7, 2018 deadline is rapidly approaching for manufacturers and importers of chemical substances in the US to submit their notifications to US EPA as required by the Inventory Reset Rule issued by US EPA pursuant to the amended Toxic Substances Control Act (TSCA). The Inventory Reset Rule requires every chemical manufacturer and importer … Continue Reading

Good Intentions, Bad Outcomes – Introducing Non-Native Species Into the UK

A recent prosecution has illustrated the consequences of releasing non-native species into UK habitats, notwithstanding that the motivation of the two defendants was entirely benevolent. Section 14 of the Wildlife and Countryside Act 1981 makes it an offence to release or allow to escape into the wild any animal of a kind which is not … Continue Reading

Enforcement of UK Waste Exemptions – No Longer the Light Touch?

Registered waste exemptions are not to be treated lightly and compliance with their conditions is not flexible, as the Environment Agency has reinforced in a recent case.  A lengthy investigation culminating in a nearly £20,000 fine has been handed down by Chelmsford Magistrates Court in relation to illegal deposits of waste on farmland in Essex. … Continue Reading
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