Environmental Law News and Insights

Last week, the 4th Circuit Court of Appeals vacated the Fish and Wildlife Service's Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline. It's the second time that the Court has rejected the FWS approval of the project. I have previously suggested that the Trump administration cares more about providing material for the...

Read More

On July 19, 2019, the D.C. Circuit issued its decision in Idaho Conservation League v. Wheeler, upholding US EPA's decision not to issue financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The requirements, if adopted, would have cost...

Read More

The US Environmental Protection Agency (EPA) has been on an incredible roll during the past two years; publishing countless regulatory actions, framework rules, and operating policies that have enabled the agency to consistently meet the daunting deadlines imposed by the sweeping 2016 amendments to the Toxic Substances Control Act (TSCA)....

Read More