As reported by Kristi Pihl of the Tri-City Herald earlier this week, the Columbia-Snake Irrigators Association has requested that the Governors of Washington, Oregon, and Idaho proceed through the “God Squad” process under the federal Endangered Species Act (ESA) to seek to exempt those who operate on the rivers from having to provide any further mitigation for the local salmon and steelhead populations.
The Province’s discussion paper Pricing B.C.’s Water has garnered a wide range of opinions since being released in March. As part of the public consultation effort regarding the new Water Sustainability Act (now at 2nd reading in the legislature), the public was given until April 8 to provide its views on water pricing and the Province’s water pricing principles.
The application of zoning laws, many of which date to the 1920s are bringing alternative energy projects to a halt in 2014.
The United States Court of Appeals for the District of Columbia Circuit decided last Friday in Natural Resources Defense Council v. Environmental Protection Agency (EPA) that (1) the emissions-related provisions of the 2013 Portland Cement Rule were permissible but that (2) EPA exceeded its statutory authority in a 2010 version by promulgating an affirmative defense in private civil suits when control equipment unavoidably malfunctions.
The last time USEPA missed the promised deadline to issue a revised draft of the stormwater management regulations, a process that started in 2007, it promised to move forward and finish by the fall of 2014.
New York State Brownfield Act reform did not survive the crush of last-minute negotiations over the State’s 2014-15 budget.
Monday Morning Regulatory Review: EPA Electricity Generating Units; Beer, Grain & Cattle; Tax Exempt Organizations & Politics; Waters of the United States
Regulatory practice was illustrated by several specific actions in the past week, some of which have subtle implications.
Court Declares Minnesota Coal Law Unconstitutional: Electrons Favor the Laws of Physics to Those of Governments
Minnesota legislators passed the Next Generation Energy Act in 2007 which, in part, established power sector standards for carbon dioxide emissions.
En Banc Ninth Circuit Holds Endangered Species Act Consultation Requirement Applies to Renewal of Long-Term Water Contracts
In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action may affect a listed species or designated critical habitat of such species applies to the decision of the Bureau of Reclamation (Bureau) to renew long-term contracts to provide water to non-Federal parties.
When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant’s discharge of toxic substances from its facility contaminated his property, the diminution of property value claim is often the only element of damages subject to objective determination. Or is it?