On December 10, 2024, President-elect Donald Trump promised expedited permitting for energy and other construction projects worth more than $1 billion.
Continue Reading Louisiana is “Open for Business,” but Projects Need to Proceed Carefully
EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”).
Continue Reading EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
EJ Analysis Remains Part of Louisiana’s Public Trust Duty
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.
Continue Reading EJ Analysis Remains Part of Louisiana’s Public Trust Duty
EPA Releases New Version of EJScreen
This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities.
Continue Reading EPA Releases New Version of EJScreen
SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA
On July 1, 2024, the United States Supreme Court extended the deadline for challenging agency actions under the Administrative Procedure Act (“APA”), holding that the statute of limitations period does not begin to run “until the plaintiff is injured by final agency action.”
Continue Reading SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA
SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
In March 2024, the Environmental Protection Agency (“EPA”) issued its final rule amending its Risk Management Program regulations (also referred to as, “Part 68”). These amended regulations went into effect on May 10, 2024.
Continue Reading EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
Louisiana Enacts Community Air Monitoring Reliability Act, Establishing Uniformity for Monitoring and Parameters for Data Use
On May 23, 2024, Louisiana Governor Jeff Landry signed into law the Community Air Monitoring Reliability Act (“the Act” or “CAMRA”). This Act sets standards for community air monitoring programs to ensure that the data collected from such programs provides the public accurate air quality information.
Continue Reading Louisiana Enacts Community Air Monitoring Reliability Act, Establishing Uniformity for Monitoring and Parameters for Data Use
Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority.
Continue Reading Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries
EPA issues two rules for regulating #PFAS under the #SDWA and #CERCLA. The rules (1) set enforceable limits in drinking water for six PFAS, and (2) designate two PFAS as #hazardous substances.
Continue Reading EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries