Posts tagged “environmental policy”

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

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

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

Supreme Court Stays Clean Power Plan

Jeremy P. Greenhouse

Posted on February 22, 2016

On February 9, 2016, in a half-page order, the U.S. Supreme Court unexpectedly stayed the EPA’s “Clean Power Plan” (CPP) a set of performance standards aimed to reduce carbon emissions from existing power plants in the U.S. by 32 percent compared to 2005 levels. EPA, Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 80 Fed. Reg. 64,662 (October 23, 2015). (For more details on the CPP, see this earlier post.) The ruling is a significant blow to the Obama administration’s climate agenda, which significantly relies upon the CPP to further domestic and international pledges to reduce greenhouse gas emissions. The Court’s 5-to-4 order specifies that the stay will remain in effect pending not only a ruling by the U.S. Court…

Categories: Air, Bench & Bar, Climate, Supreme Court

Tagged: air pollution, California environmental law, Carbon Dioxide, climate, climate change action, environmental law, environmental policy, epa, epa rulemaking, greenhouse gas emissions, supreme court

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

U.S. District Court Applies “NEPA Exception,” Waives Bond Requirement for Preliminary Injunction

Jeremy P. Greenhouse

Posted on October 26, 2015

On June 24, 2015, the United States District Court for the District of Minnesota endorsed the “NEPA Exception” in holding that a two-county diversion board did not need to post a bond for a preliminary injunction. Richland/Wilkin Joint Powers Authority v. U.S. Army Corps of Engineers, No. 13-2262 (D. Minn., June 24, 2015). The diversion board brought an action including a claim under the National Environmental Policy Act (NEPA) that challenged a plan by the U.S. Army Corps of Engineers and a local government sponsor to build a diversion structure to protect the Fargo-Moorhead metro area from floodwaters.Many courts ruling on cases asserting claims under NEPA have not required plaintiffs seeking preliminary injunctions to post a bond. These courts have cited the important…

Categories: Bench & Bar, Environmental Policy, Environmental Review

Tagged: California environmental law, Eighth Circuit, environment, environmental law, environmental policy, MEPA, Minnesota environmental law, NEPA Exception, NEPA National Environmental Policy Act, U.S. Army Corps of Engineers

EPA Makes First Revisions in 30 Years to National Water Quality Standards Rule

Jeremy P. Greenhouse

Posted on October 19, 2015

On August 5, 2015, the U.S. Environmental Protection Agency (EPA) issued a final rule revising the requirements and procedures for developing, reviewing, revising, and approving state water quality standards pursuant to section 303(c) of the Clean Water Act (CWA). EPA, Final Rule Updating the National Water Quality Standards, 80 Fed. Reg. 51020.

Beautiful Warm Lake in the Boise National Forest (Source: www.fs.usda.gov)

Beautiful Warm Lake in the Boise National Forest (Source: http://www.fs.usda.gov)

Under the CWA, states determine the appropriate water quality standards for bodies of water within their borders. State water quality standards set forth the designated uses of a body of water, the water quality criteria necessary to support the designated uses, and antidegradation requirements. These standards then become the basis for water-quality-based effluent limitations in NPDES permits under the CWA. State water quality standards must be approved by EPA. EPA’s rules governing the federal approval process are set forth in 40 CFR part 131.

EPA’s revisions to part 131 are the first amendments to the rule since 1983. EPA’s stated goals of the rulemaking were to improve the regulation’s effectiveness, increase transparency, and enhance opportunities for meaningful public engagement at the state, tribal and local levels. The revisions address six key program areas: (1) EPA’s determinations of whether new or revised state water quality standards are necessary; (2) designated uses for water bodies; (3) triennial reviews of state and tribal water quality standards; (4) antidegradation requirements; (5) variances to water quality standards; and (6) provisions authorizing the use of schedules of compliance for water quality-based effluent limits in NPDES permits.

Categories: Bench & Bar, Environmental Policy, Water

Tagged: California environmental law, Clean Water Act, environment, environmental law, environmental policy, epa, epa rulemaking, Minnesota environmental law, Minnesota Pollution Control Agency, Minnesota water quality standards, water quality

Posts tagged “environmental policy”

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

Jeremy P. Greenhouse

Posted on April 4, 2016

Governor Dayton Announces Appointments to MPCA Citizen Advisory Committee

Jeremy P. Greenhouse

Posted on March 21, 2016

District of Minnesota Declines to Review State Department Pipeline Determinations

Jeremy P. Greenhouse

Posted on March 7, 2016

Supreme Court Stays Clean Power Plan

Jeremy P. Greenhouse

Posted on February 22, 2016

EPA Finalizes New Ozone Standard

Jeremy P. Greenhouse

Posted on November 30, 2015

U.S. District Court Applies “NEPA Exception,” Waives Bond Requirement for Preliminary Injunction

Jeremy P. Greenhouse

Posted on October 26, 2015

EPA Makes First Revisions in 30 Years to National Water Quality Standards Rule

Jeremy P. Greenhouse

Posted on October 19, 2015