Thu Feb 11th, On Environmental Law, by Bick Law LLP
U.S. Supreme Court on Tuesday stayed the implementation of EPA’s Clean Power Plan, overruling the D.C. Circuit’s January 21 decision. As a result, EPA is now prevented from implementing the rule until the D.C. Circuit determines the validity of the rule, and the Supreme Court reviews that ruling. The question now before the D.C. Circuit (and to be before the Supreme Court upon review) is whether EPA has the authority […]
Wed Feb 3rd, On Environmental Law, by Bick Law LLP
EPA’s Clean Power Plan calls for existing power plants to cut carbon emissions by 32 percent from 2005 levels by 2030. States must start submitting implementation plans by 2018 and start showing emissions reductions by 2022. Industry representatives challenged the rule arguing the EPA doesn’t have the authority under the Clean Air Act to craft the rule. The petitioners requested a stay of its implementation until the challenge could be […]
Wed Jan 20th, On Environmental Law, by Bick Law LLP
The Supreme Court has agreed to address a split among U.S. Courts of Appeal regarding whether “jurisdictional determinations” by the U.S. Army Corps of Engineers under the Clean Water Act (“CWA”) are final agency actions subject to judicial review. The Supreme Court’s resolution of this issue will have important implications for landowners, developers, and regulators who may be given the opportunity to obtain more definitive answers from the courts on […]
Wed Dec 16th, On Environmental Law, by Bick Law LLP
In response to stakeholder comments, on November 27, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) withdrew proposed regulations to amend Proposition 65 safe harbor warning requirements and issued a new, revised set of proposed regulations. While the new proposal addresses some of the many concerns expressed by stakeholders, it still falls far short of reducing the uncertainty and burdens businesses face when attempting to comply with Proposition 65’s […]