Thanks for reading my Environmental Law Update in the December 2012 edition of Bench & Bar, the Minnesota State Bar Association’s monthly magazine. The following are links to materials mentioned in or simply relevant to the update. Thanks!


1. EQB Makes Progress on Executive Order 11-32 Environmental Review Projects

For information on the Governor’s “Citizen Forums,” click here.

To view Governor Dayton’s Executive Order 11-32 regarding environmental review, click here.

To view the EQB’s Evaluation and Recommendations for Improving Environmental Review report, click here.

To view the EQB’s Recommendations for Environmental Governance and Coordination as Mandated by Executive Order 11-32, click here.

To view EQB’s Minnesota Environment and Energy Report Card, click here.


2. EPA Petitions for En Banc Rehearing of Transport Rule

For general information on the Cross-State Air Pollution Rule (CSAPR or the “Transport Rule,” 76 Fed. Reg. 48,208 (Aug. 8, 2011)), click here.

To view EPA’s October 5, 2012, petition seeking en banc rehearing of the U.S. Court of Appeals for the D.C. Circuit’s August 21, 2012 decision vacating the Transport Rule, click here.

To view MPCA’s April 2012 Regional Haze State Implementation Plan Supplement, click here.

3. 11th Circuit Decision Previews CWA Jurisdictional Issues Coming to Supreme Court

To view the 11th Circuit panel decision Friends of the Everglades et al., v. EPA, No. 08-13652, slip op. (11th Cir. Oct. 26, 2012), click here.

To view Northwest Environmental Defense Center v. Brown, 640 F.3d 1063 (9th Cir. 2011) (which the Supreme Court will review this term), click here.

4. Post-Election “Tsunami” of EPA Regulations?

To get an idea of the type of frenzy being generated from the anticipated EPA rulemaking, click here.