Area of focus

Permit Negotiations and Appeals

Companies that need permits and licenses from governmental authorities that are critical to their operations turn to the firm’s environmental team. We develop permitting strategies, comment on and negotiate the terms in draft permits, and challenge final permits that fail to provide needed authority. We regularly...

Representative experience

Recently drafted, negotiated, and successfully challenged hazardous waste permit for the clients’ operations in West Virginia, Florida, Georgia, Alabama, and Minnesota.

For Los Alamos National Laboratory, negotiated extraordinarily complex stormwater permit with EPA, state officials, and environmental groups covering hundreds of sites contaminated by PCBs and nuclear materials.

We have negotiated dozens of RCRA corrective action permits, and chair national seminars on developing cost-effective permit strategies for corrective action.

Supported air quality and climate change permitting for five refinery projects for Flint Hills and a major expansion of a synthetic fertilizer plant for Koch Nitrogen.

Blog Post

The Fifth Circuit’s Migratory Bird Treaty Act decision in Citgo has broad implications for the U.S. Fish & Wildlife Service’s enforcement and permitting programs

The Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation’s criminal conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act’s (MBTA)...

Quick view Full view

Hogan Lovells Publications

Fifth Circuit Determines MBTA's "Takings" Ban Only Applies to Intentional Acts That Directly Kill Migratory Birds

On Friday, 4 September, 2015, the Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation's conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act's ban on bird "takings" only prohibits intentional acts that directly kill migratory birds. Read More: Fifth Circuit Determines MBTA's "Takings" Ban Only Applies to Intentional Acts That Directly Kill Migratory Birds

Quick view Full view

Publications

Fish and Wildlife Service Evaluates New Permit Program for Incidental Takes of Migratory Birds

The Fish and Wildlife Service is evaluating the development of an incidental take permitting program under the Migratory Bird Treaty Act (MBTA). The MBTA is a statute of very broad reach, prohibiting the killing of some 1,027 species of birds in the United States. The proposed program would affect planned energy and infrastructure projects that could result in migratory bird deaths either directly, through bird collisions with man-made structures, or indirectly, by altering bird habitat. Read More: Fish and Wildlife Service Evaluates New Permit Program for Incidental Takes of Migratory Birds

Quick view Full view

Hogan Lovells Publications

How Will the EPA's New Ozone Air Quality Standard Affect the Permitting of New Facilities?

The Environmental Protection Agency published a proposal on 25 November 2014 to revise the Clean Air Act's National Ambient Air Quality Standards for ozone. Read More: How Will the EPA's New Ozone Air Quality Standard Affect the Permitting of New Facilities?

Quick view Full view

Hogan Lovells Publications

EPA comments on the April 2013 Keystone NEPA review—monetizing the social costs of carbon dioxide emissions

In April 22, 2013, comments filed on the Keystone Pipeline draft supplemental environmental impact statement, the U.S. Environmental Protection Agency (EPA) unveiled a new approach to evaluating climate change impacts under NEPA—monetizing social costs of CO2. In those comments, EPA’s Assistant Administrator for Enforcement and Compliance Assurance recommended that the State Department use "monetized estimates of the social cost of the GHG emissions from a barrel of oil sands crude compared to average U.S. crude." What EPA means is that the final EIS should calculate the cost to society of the difference in GHG emissions between using Keystone crude and an average U.S. crude. Over 50 years, the State Department suggests the difference could be as much as 935 million metric tons of CO2. Read more: EPA comments on the April 2013 Keystone NEPA review—monetizing the social costs of CO2 emissions

Quick view Full view
Loading data