Reducing Environmental Risk

Home » Category: "Administrative Procedures Act – APA"

Administrative Procedures Act – APA

Two Decades Later, New York Proposes First Major Amendments to the State Environmental Quality Review Act (SEQRA)

On January 17, 2017, the New York State Department of Environmental Conservation (DEC) released proposed amendments to SEQRA - the department's first major revisions to such regulations in more than two decades. The proposed amendments follow recent efforts by the DEC...

Split Second Circuit Panel Invokes Chevron Doctrine, Reverses Southern District and Reinstates EPA’s Water Transfers Rule

In a 2-1 ruling, the Second Circuit reversed Southern District Judge Kenneth Karas, who had found that the U.S. Environmental Protection Agency's (EPA) "Water Transfers Rule" was an unreasonable interpretation of the Clean Water Act. Writing for the majority and...

EPA Authority to Regulate Greenhouse Gases Survives Supreme Court Scrutiny in UARG v. EPA

In environmental law, things aren't always what they seem at first blush. Hence, when the Supreme Court handed down its decision in Utility Air Regulatory Group v. EPA, 134 S. Ct. 1050 (2014) in June, both industry and EPA claimed victory. Given that the Court struck...

EPA Announces New Tenant Protections Under Superfund

EPA has just extended to tenants the Bona Fide Prospective Purchaser ("BFPP") protection, by which Congress previously exempted certain prospective owners from harsh Superfund liability. Even where the landlord loses its BFPP protection, the new EPA enforcement...

Beekeepers File Suit Against the EPA Over Controversial Pesticide Registrations

Beginning in the winter of 2006-2007, bees began to die in - or simply disappear from - commercial hives around the US. Increasing numbers of beekeepers since then reported similar disappearances of bees, and the phenomenon became known as Colony Collapse Disorder, or...

Supreme Court Holds That Pre-Enforcement Judicial Review of EPA Administrative Orders Is Allowed

The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency ("EPA") under section 319 of the Clean Water Act ("CWA") are "final agency actions" subject to judicial review under the...

Archives

FindLaw Network