The Year in Review 2019

 

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Environment

Air Quality Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of air quality including: Title I - National Ambient Air Quality Standards and Federal & State Implementation Plans, Prevention of Significant Deterioration and Title V Permitting, Title II - Mobile Sources & Fuels, Title VI - Stratospheric Ozone, preemption of state law claims, enforcement, procedural issues, Title I - federal and state implementation plans, conformity, and federal facilities, New Source Review, Prevention of Significant Deterioration, New Source Performance Standards, and Title V permitting, Title II - mobile sources and fuels, hazardous air pollutants, Title VI - Stratospheric Ozone, criteria air pollutants, and greenhouse gas emissions.

Endangered Species Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of endangered species including: Section 4 - Regulations for Listing Species and Designating Critical Habitat, Regulations for Prohibitions to Threatened Wildlife and Plants, Section 7 - Regulations for Interagency Cooperation, Section 4: Listings, Critical Habitat Designation, and Recovery Plans, Section 7: Federal Agency Conservation Duty, jeopardy standard consultations, and incidental take statements, and Consolidated Appropriations Act.

Environmental Enforcement and Crimes Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of environmental enforcement and crimes including: environmental enforcement results, environmental national compliance initiatives, civil case update (Toxic Substances Control Act, Clean Water Act, Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act, Safe Drinking Water Act), and criminal case update (Clean Air Act, Clean Water Act, hazardous waste).

Environmental Litigation and Toxic Torts Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of environmental litigation and toxic torts including: RCRA citizen suits, continued litigation concerning PFAS contamination, federal standing for eminent domain cases, awards of punitive damages in glyphosate litigation, governmental liability in the Gold King Mine litigation, the expansion of the public nuisance theory in mass tort, objection to public records under the Daubert standard.

Pesticides, Chemical Regulation, and Right-to-Know Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of pesticides, chemical regulation, and right-to-know including: Toxic Substances Control Act (TSCA), per- and polyfluoroalkyl substances (PFAS), Emergency Planning and Community Right-to-Know Act (EPCRA), biotechnology and nanotechnology developments, Chemical Safety and Hazard Investigation Board (CSB), enforcement, state developments of note, and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Waste and Resource Recovery Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of waste and resource recovery including litigation and enforcement developments (recycling, imminent and substantial endangerment, retroactivity, citizen suits, site remediation), legislative and regulatory developments (Coal Combustion Residuals (Coal Ash) Rule Summary, addition of aerosol cans to the Universal Waste Regulations), and international developments (Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal).

Water Quality and Wetlands Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of water quality and wetlands including: Clean Water Act (CWA) section 303 water quality standards (numeric nutrient criteria), section 303(d) Total Maximum Daily Loads (TMDLs), sections 304 and 306 Criteria and Guidelines, and Performance Standards (variances, TBELs, WQBELs), section 309 enforcement, section 401 state certification, section 402 National Pollutant Discharge Elimination System (NPDES), section 404 wetlands (including WOTUS), and section 505 citizen suits.

Energy and Resources

Forest Resources Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of forest resources including developments in federal litigation, developments in state courts, and developments in federal legislation, directives, and policy. Topics include national forest roadless area management, wildfire spending and disaster aid, federal policy on the carbon neutrality of forest bioenergy, and proposed updates to Forest Service NEPA rules.

Public Land and Resources Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the area of public land and resources including land use decisions made by the Bureau of Land Management (BLM) under the Federal Land Policy Management Act (FLPMA) and the National Environmental Policy Act (NEPA), challenges to BLM’s methane waste prevention rule, rights of way across federal public lands, R.S. 2477 roads, the Quiet Title Act’s statute of limitations, and challenges to the reduction in size of Bears Ears and Grand Staircase-Escalante National Monuments.

Renewable, Alternative, and Distributed Energy Resources Committee Report, Environment, Energy, and Resources Law: The Year in Review 2019

This chapter summarizes significant legal developments in 2019 in the areas of renewable energy, alternative energy, and distributed energy including federal, state, or local level initiatives and barriers; developments in clean energy financing; and other issues for renewables and distributed resources. Topics include: state plans for Volkswagen funds for electric vehicle development, private and public commitments to clean energy, Affordable Clean Energy plan as a replacement for the Clean Power Plan, Department of Energy rollbacks of energy efficiency standards, Trump administration’s “Trade War” and the solar and wind industry, fixed charges, federal offshore wind barriers and opportunities, utilizing and establishing green banks, new financing for corporate renewable energy purchases, environmental justice considerations, and decommissioning renewable and distributed energy resources.

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