The National Resources Defense Council (NRDC), in concert with other environmental organizations in California and Maryland (collectively “NRDC”), recently filed two lawsuits against the Environmental Protection Agency (EPA) in the Fourth and Ninth Circuits, asking the courts to review and set aside the EPA’s denial of two petitions to require privately-owned commercial, institutional, and industrial (CII) sites to obtain Clean Water Act (CWA) permits. Specifically, the lawsuits allege that the […]

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The period for California legislators to introduce bills for consideration during the first half of the 2017-2018 Legislative Session recently closed, and there are several notable environmental regulatory proposals for companies in the oil and gas industry. Here are some of the highlights: New Reporting Requirements to DOSH Under the California Refinery and Chemical Plant Worker Safety Act of 1990 (the “Act”), petroleum refineries in California are required to submit […]

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A unanimous three-judge Ninth Circuit panel ruled that the Department of Interior (“DOI”) and the Bureau of Reclamation (“Bureau”) had both the right and the obligation to release water to preserve a Native American fishing ground and prevent salmon die-off downstream.  Central to this case is the balancing act between Congressional goals to maintain and protect fisheries (environmental objectives) and the state-wide need for water (commercial objectives).  Two congressional acts, […]

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Although we are years away from circumscribing the legacy of President Trump, if his first 100 days are any indication, his legacy – whatever it may be – will likely be defined in part by the executive order. While Presidents throughout American history have used this tool to advance their agendas, so far President Trump has been one of the most-aggressive advocates of independent executive authority. However, as our California […]

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