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Blurred Lines: The Importance of Delineation Between Legislative and Non-legislative Rules Under the APA

Vermont Law

In March of 2014, the EPA and the Army Corps of Engineers issued an “interpretive rule” regarding section 404 of the Clean Water Act, circumventing a notice and comment period. When an agency issues an interpretive rule, the agency clarifies or explains how an existing statute or regulation is binding on those already subject to it.

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Incentivizing Ecosystem Services: Agroecology as a Solution to Agricultural Nonpoint Source Water Pollution

Vermont Law

To make meaningful progress in lowering water pollution, the federal government should begin incentivizing agroecological practices that both allow farmers to keep their land in production and actively work to reduce excess nutrients, pesticide waste, and erosion. However, the CWA does not address agricultural pollution in a meaningful way.

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EPA Finalizes Rule To Reduce Methane Emissions From Oil & Gas Infrastructure; DEP’s Oil & Gas Methane Regulations 1 Year Old

PA Environment Daily

Note: In December, 2022, DEP finalized regulations reducing volatile organic compounds and methane from existing conventional and unconventional oil and gas facilities. Note: In December, 2022, DEP finalized regulations reducing volatile organic compounds and methane from existing conventional and unconventional oil and gas facilities.

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The Chemical Compound—December 2021

Arnold Porter

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation. Safety & Pollution Prevention (Oct. Regulatory Developments.

2021 52
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July 2021 Updates to the Climate Case Charts

Law Columbia

Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. The Hawai‘i Supreme Court held that the state’s Public Utilities Commission (PUC) did not abuse its discretion when it declined to re-open a 2014 order that approved a Purchase Power Agreement for wind energy. June 25, 2021). 52952-1-II (Wash.

2021 45
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November 2017 Updates to the Climate Case Charts

Law Columbia

Environmental Protection Agency (EPA) and other governmental entities to allow continued enforcement of environmental laws related to ongoing mining operations. In addition, the company filed an appeal with the Washington State Pollution Control Hearings Board. Millennium Bulk Terminals-Longview, LLC v.

2017 40
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Opposition to CAFOs Mounts Across the Nation

Circle of Blue

Occasional opposition to local pollution problems and the casual animal cruelty that characterize conventional US dairy, hog, and poultry production did little to alter practices that are embedded in the rural landscape. Opposition to large livestock operations is more intense than at any time in recent memory, say environmental advocates.