By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

In anticipation of its proposed rule to reduce carbon emissions of existing electric power plants, expected to be released Monday, June 2, EPA just released its report Climate Change Indicators in the United States, 2014, Third Edition (Report), showing some stunning data about climate change and
Continue Reading Only You Can Prevent Climate Change: EPA Report Shows “Impact of Changing Climate” on Health and Environment in Anticipation of Release of Proposed Coal Plant Rule

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

EPA Administrator, Gina McCarthy, and the Assistant Secretary of the Army (Civil Works), Jo Ellen Darcy, just signed a proposed rule to “clarify” protections under the Clean Water Act for “streams and wetlands that form the foundation of the nation’s water resources.”

We had previously
Continue Reading Proposed Rule on Definition of “Waters of the United States” Under the Clean Water Act

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers would, under a draft of a proposed rule recently obtained by Bloomberg BNA, assert Clean Water Act jurisdiction over all natural and artificial tributary streams, lakes, ponds, and wetlands that affect the chemical, physical, and
Continue Reading Draft Proposed Rule for New Definition of “Waters of the United States”

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Environmental Protection Agency’s Science Advisory Board has just released for public comment a draft scientific report, “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence.” EPA/600/R-11/098B.

Figure 1-1 from the Report: Overview of Watershed Elements

The draft
Continue Reading New Definition of “Waters of the United States”?

By Jeryl L. Olson and Eric E. Boyd

On May 10, 2012, the U.S. Environmental Protection Agency (EPA) published its draft “Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels.” The initial public comment period for this proposal was 60 days, ending on July 9, 2012. In response to requests from stakeholders, the EPA has

Continue Reading EPA Permitting Guidance for Fracking Activities Using Diesel Fuels

By Craig B. Simonsen

We had previously blogged about the U.S. Environmental Protection Agency’s  (EPA’s) Greenhouse Gas (GHG) “tailoring rules” for Prevention of Significant Deterioration (PSD) and Title V permitting, and about its GHG “Endangerment Finding“. Yesterday the D.C. Circuit Court of Appeals has ruled concerning both of these rulemakings. Coalition for Responsible Regulation, Et al.

Continue Reading DC Circuit Rules on EPA Tailoring Rules and “Endangerment Finding”

By Jeryl L. Olson and Eric E. Boyd

On July 12, 2011, Illinois Governor Pat Quinn signed the House Bill 1297.  With one stroke of the pen, the legislation provides the mechanisms to streamline the Illinois permitting process and to provide the necessary funding for air permit programs. 

For Illinois businesses, the new expedited permit review provision may be the most

Continue Reading Illinois Passes Legislation to Streamline Environmental Permitting