Posts from the “Environmental Policy” Category

On February 25, 2016, the United States District for the District of Minnesota granted the Metropolitan Council’s motion to dismiss challenges to a proposed light rail transit route—the Southwest Light Rail Transit (SWLRT) project—that would connect downtown Minneapolis to the southwestern Twin Cities. Opus Woods Conserv. Ass. & SFI Ltd. Partnership v. Metropolitan Council, No. 15-1637 (D. Minn. Feb. 25, 2016). In so doing, the court declined to extend a limited National Environmental Policy Act (“NEPA”) cause of action it had recognized in a 2015 decision, also involving the SWLRT, to the related context of historical property review under Section 4(f) of the Department of Transportation Act of 1966. 49 U.S.C. § 303. Plaintiffs in the case alleged that the Met Council violated NEPA,…

Categories: Bench & Bar, Environmental Policy, Environmental Review, Hot Topics

Tagged: environment, environmental law, environmental policy, environmental review, Metropolitan Council, Minnesota environmental law, SWLRT

On Rehearing, Eighth Circuit Again Upholds Minnesota Regional Haze Plan for EGUs

Jeremy P. Greenhouse

Posted on March 28, 2016

On March 10, 2016, the U.S. Court of Appeals for the Eighth Circuit vacated its decision of January 21, 2016, which upheld EPA’s approval of Minnesota’s regional haze plan for five electric-generating units (EGUs) whose emissions affect visibility in Minnesota’s two Class I federal areas: the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. National Parks Conservation Ass’n v. McCarthy, — F.3d —-2016 (8th Cir., March 10, 2016). (For an overview of the decision, please see our blog post from March 14, 2016.) On rehearing, the court reached the same determination and issued an almost identical opinion to its original January 21 opinion. National Parks Conservation Ass’n v. McCarthy, — F.3d —- (8th Cir. 2016).

Categories: Air, Bench & Bar, Environmental Policy

Tagged: air pollution, Clean Air Act, Eighth Circuit, environment, environmental law, Minnesota environmental law, Minnesota Pollution Control Agency, Regional Haze

Governor Dayton Announces Appointments to MPCA Citizen Advisory Committee

Jeremy P. Greenhouse

Posted on March 21, 2016

Minnesota Governor Mark Dayton, on February 23, 2016, announced the eight members comprising the Governor’s Committee to Advise the Minnesota Pollution Control Agency (MPCA). Governor Dayton created the Committee by executive order in August 2015 following the Minnesota’s Legislature’s June 2015 bill to terminate the MPCA Citizens’ Board. For almost four decades, the Board served as the agency’s ultimate decision-making body, instead of the MPCA commissioner, on various important environmental decisions. By contrast, the new Governor’s Committee plays an advisory role only; it is charged with “advis[ing] the commissioner of the MPCA prior to final decisions on matters that are within the scope of the MPCA’s statutory authority, including but not limited to: environmental review, permitting, rulemaking, and variances to existing rules.” Minn. Gov.…

Categories: Bench & Bar, Environmental Policy

Tagged: California environmental law, environment, environmental policy, Mark Dayton, Minnesota Pollution Control Agency, MPCA

Eighth Circuit Upholds Minnesota Regional Haze Plan for EGUs

Jeremy P. Greenhouse

Posted on March 14, 2016

On January 21, 2016, the U.S. Court of Appeals for the Eighth Circuit upheld EPA’s approval of Minnesota’s regional haze plan for five electric-generating units (EGUs) whose emissions affect visibility in Minnesota’s two Class I federal areas: the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. National Parks Conservation Ass’n v. McCarthy, — F.3d —- (8th Cir. 2016). The Clean Air Act sets a national goal of natural visibility in “mandatory class I Federal areas” and requires states to implement “measures as may be necessary” for reasonable progress toward the goal. 42 U.S.C. § 7491. For certain major stationary facilities that emit “any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility in [class I…

Categories: Air, Bench & Bar, Environmental Policy

Tagged: air pollution, California environmental law, Clean Air Act, Eighth Circuit, environment, environmental law, epa rulemaking, Regional Haze, state implementation plan

District of Minnesota Declines to Review State Department Pipeline Determinations

Jeremy P. Greenhouse

Posted on March 7, 2016

On December 9, 2015, the United States District Court for the District of Minnesota, held that actions of the U.S. State Department taken pursuant to presidential permits were not reviewable by the court under the Administrative Procedures Act (APA), 5 U.S.C § 701 et seq. White Earth Nation, et al., v. Kerry, No. 14-4726 (D. Minn. Dec. 9, 2015). The case concerns two oil pipelines owned and operated by Enbridge, Inc., that cross the United States/Canada border–Line 3, which was constructed in the late 1960s, and Line 67 (also known as the Alberta Clipper Pipeline), which was constructed in the late 2000s following environmental review under the National Environmental Policy Act (NEPA), 42 U.S.C. ch. 55. Because both lines cross the border, they are subject to…

Categories: Bench & Bar, Climate, Energy, Environmental Policy, Environmental Review

Tagged: air pollution, Alberta Clipper, California environmental law, Carbon Dioxide, Clean Air Act, climate, climate change action, environment, environmental law, environmental policy, Minnesota environmental law, pipeline

Eighth Circuit Upholds FERC Interpretation of “Avoided Cost” Rate for QF Power Purchases

Jeremy P. Greenhouse

Posted on February 8, 2016

On October 6, 2015, the U.S. Court of Appeals for the Eighth Circuit upheld a regulatory interpretation by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by an electricity distribution cooperative for energy purchased from a qualifying small production power production facility (QF) is the same as the avoided cost rate of the co-op’s all-requirements generation supplier. Swecker v. Midland Power Cooperative, No. 14-2186 (8th Cir. Oct. 6, 2015). In this case, the QF was an Iowa farmer-owned wind power generator, which sold its excess power to Midland Power Cooperative, a non-generating electricity distributor. The Central Iowa Power Cooperative (“CIPCO”) was Midland’s “all-requirements” electricity supplier, so called because Midland was contractually bound to purchase all of its electricity from…

Categories: Bench & Bar, Energy, Environmental Policy

Tagged: California environmental law, Eighth Circuit, environment, Minnesota Energy, Minnesota environmental law, PURPA

EPA Finalizes New Ozone Standard

Jeremy P. Greenhouse

Posted on November 30, 2015

On October 1, 2015, the U.S. Environmental Protection Agency (EPA) finalized a new, more stringent national ambient air quality standard (NAAQS) for ground-level ozone of 70 parts per billion (ppb). National Ambient Air Quality Standards for Ozone, 80 Fed. Reg. 65292 (Oct. 26, 2015). Ozone, the main component of smog, is not emitted directly into the air but results when emissions of precursors, such as nitrogen oxides, volatile organic compounds, carbon monoxide and methane, “cook” in the sun. Typical sources of these emissions include electric utilities and motor vehicle exhaust. Ozone causes or aggravates a variety of respiratory conditions, such as asthma, emphysema and bronchitis. The federal Clean Air Act requires EPA to adopt primary and secondary NAAQS for six “criteria” pollutants, including ozone, and…

Categories: Air, Bench & Bar, Environmental Policy

Tagged: air pollution, California environmental law, Clean Air Act, environmental law, environmental policy, epa, epa rulemaking, Minnesota environmental law, Minnesota Pollution Control Agency, NAAQS

Posts from the “Environmental Policy” Category

Minnesota District Court Declines to Extend Limited NEPA Cause of Action to Section 4(f)

Jeremy P. Greenhouse

Posted on April 4, 2016

On Rehearing, Eighth Circuit Again Upholds Minnesota Regional Haze Plan for EGUs

Jeremy P. Greenhouse

Posted on March 28, 2016

Governor Dayton Announces Appointments to MPCA Citizen Advisory Committee

Jeremy P. Greenhouse

Posted on March 21, 2016

Eighth Circuit Upholds Minnesota Regional Haze Plan for EGUs

Jeremy P. Greenhouse

Posted on March 14, 2016

District of Minnesota Declines to Review State Department Pipeline Determinations

Jeremy P. Greenhouse

Posted on March 7, 2016

Eighth Circuit Upholds FERC Interpretation of “Avoided Cost” Rate for QF Power Purchases

Jeremy P. Greenhouse

Posted on February 8, 2016

EPA Finalizes New Ozone Standard

Jeremy P. Greenhouse

Posted on November 30, 2015