Publications

Hogan Lovells Publications

D.C. Circuit denies Sierra Club’s petition challenging DOE’s orders authorizing exports for the Freeport LNG terminal

On August 15, 2017, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Sierra Club’s petition challenging the United States...

Hogan Lovells Publications

D.C. Circuit Denies Sierra Club’s Petition Challenging DOE’s Orders Authorizing Exports for the Freeport LNG Terminal

On August 15, 2017, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) denied Sierra Club's petition challenging the United States Department of Energy's ...

Hogan Lovells Publications

Consequences of the FWS' Decision to De-List the Lesser Prairie Chicken

On July 20, 2016, the U.S. Fish & Wildlife Service (FWS) removed the lesser prairie chicken (LPC) from the list of threatened or endangered species, 10 months after a U.S. District...

Hogan Lovells Publications

Sixth Circuit Stays Clean Water Rule Pending Further Proceedings

On Friday, October 9, 2015, the Sixth Circuit Court of Appeals in In re E.P.A., 2015 WL 5893814, granted a nationwide stay of the Clean Water Rule, which revises the Environmental Protection Agency's definition of "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1251.

Read More: Sixth Circuit Stays Clean Water Rule Pending Further Proceedings

Hogan Lovells Publications

USFWS Declines to List Greater Sage-Grouse Under ESA

Yesterday, the U.S. Fish and Wildlife Service announced its decision not to list the greater sage-grouse as threatened or endangered under the Endangered Species Act and withdrew the species from the candidate species list.

Read More: USFWS Declines to List Greater Sage-Grouse Under ESA

Publications

Big Wins Elusive for EPA in Clean Water Act Showdowns

James Banks was quoted in the article "Big Wins Elusive for EPA in Clean Water Act Showdowns" published by Environment & Energy Publishing.

Hogan Lovells Publications

EPA Issues Final Cooling Water Intake Structure 316(b) Rule for Existing Facilities

On 19 May 2014, the U.S. Environmental Protection Agency (EPA) released a long-awaited final rule establishing requirements governing the location, design, construction, and capacity of cooling water intake structures (CWIS) at existing power generating and manufacturing facilities. Pursuant to section 316(b) of the Clean Water Act, the EPA is required to establish the "best technology available" for minimizing the adverse environmental impacts of CWIS caused by impingement and entrainment of aquatic organisms in the intake water.

Read More: EPA Issues Final Cooling Water Intake Structure 316(b) Rule for Existing Facilities

Hogan Lovells Publications

EPA and Army Corps of Engineers Issue Proposed Clean Water Act Jurisdiction Rule

EPA and Army Corps of Engineers issue proposed Clean Water Act jurisdiction rule Summary: On 25 March 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a joint proposed rule (available here) defining the jurisdictional reach of the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq. The agencies also simultaneously issued an immediately effective interpretive rule to exempt a list of discrete agricultural conservation practices from CWA regulation under 33 U.S.C. § 1344(f)(1)(A.)

Read More: EPA and Army Corps of Engineers Issue Proposed Clean Water Act Jurisdiction Rule

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