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3,354 results on '"Environmental impact analysis -- Laws, regulations and rules"'

51. Federal Energy Regulatory Commission Issues Notice of Intent to Prepare an Environmental Assessment re Consolidated Hydro New York, LLC's Victory Mills Hydroelectric Project under P-7153

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: Document Accession #: 20240925-3014 Filed Date: 09/25/2024 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Consolidated Hydro New York, LLC [...]

Published
2024

52. IAA Project List Comment Period Closing On September 27

Author

Seaborn, Claire

Subjects
Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Canada. Impact Assessment Act
Abstract

On July 30, the Impact Assessment Agency of Canada (the Agency) launched public consultations to seek feedback on three regulatory initiatives under the Impact Assessment Act (the IAA), which have [...]

Published
2024

53. Federal Energy Regulatory Commission Issues Notice of Intent to Prepare an Environmental Assessment re KEI Power Management, LLC's 1-megawatt Lowell Tannery Hydroelectric Project under P-4202

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Tanning -- Laws, regulations and rules, Water-power -- Laws, regulations and rules -- Energy use, Hydroelectric power plants -- Laws, regulations and rules -- Energy use, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: Document Accession #: 20240924-3076 Filed Date: 09/24/2024 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION KEI Power Management, LLC Project [...]

Published
2024

54. Federal Energy Regulatory Commission Issues Notice of Intent to Prepare an Environmental Assessment re Northern States Power Company's White River Hydroelectric Project under P-2444

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: Document Accession #: 20240923-3015 Filed Date: 09/23/2024 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Northern States Power Company Project [...]

Published
2024

55. Environmental Impact Assessment In Infrastructure Development: Legal Framework, And Contribution To Sustainable Development In Nigeria

Author

Agu, Ozioma

Subjects
Sustainable development -- Laws, regulations and rules, Infrastructure (Economics) -- Environmental aspects -- Design and construction -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international
Abstract

INTRODUCTION An Environmental Impact Assessment (EIA) is a critical process used to evaluate the potential environmental impact of proposed projects before they are implemented. Their impacts can include all relevant [...]

Published
2024

56. Federal Energy Regulatory Commission Issues Notice of Intent to Prepare an Environmental Assessment re Tower Kleber Limited Partnership's Tower and Kleber Hydroelectric Project under P-10615

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: Document Accession #: 20240920-3059 Filed Date: 09/20/2024 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Tower Kleber Limited Partnership Project [...]

Published
2024

57. Federal Energy Regulatory Commission Issues Federal Energy Regulatory Commission Issues Environmental Assessment for Hydropower License for the Combined Locks Hydroelectric Project under P-2715

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental law, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Energy industry -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Delegated Order: Document Accession #: 20240918-3010 Filed Date: 09/18/2024 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, DC 20426 OFFICE OF ENERGY MARKET REGULATION NEXUS [...]

Published
2024

58. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Kaukauna Utilities' Combined Locks Hydroelectric Project under P-2715

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: Document Accession #: 20240918-3024 Filed Date: 09/18/2024 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Kaukauna Utilities Project No. 2715-026 [...]

Published
2024

59. MASTERPLAN CONSENT AREA REGULATIONS: CONSULTATION RESPONSES SUMMARY

Subjects
Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

EDINBURGH, United Kingdom -- The following information was released by the Scottish Government: Introduction Background The 'Masterplan consent area regulations: consultation' related to proposed regulations on the procedures to prepare [...]

Published
2024

60. D.C. Circuit Vacates FERC Approval Of Natural Gas Project, Holding Environmental Justice Analysis Inadequate

Author

Halliday, Stacey

Subjects
Oil and gas exploration -- Environmental aspects -- Laws, regulations and rules, Environmental justice -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international
Abstract

As part of an ongoing blog series, Arnold & Porter's cross-practice Energy and Energy Transition team is highlighting key legal and regulatory developments for clients across economic sectors navigating all [...]

Published
2024

61. Solaris Submits Environmental Impact Assessment For Construction Of Warintza

Subjects
Environmental monitoring -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, General interest, News, opinion and commentary
Abstract

QUITO: Solaris Resources Inc. reports that it has submitted an Environmental Impact Assessment to the Ministry of Environment, Water and Ecological Transition for the construction of the Warintza Project in [...]

Published
2024

62. Solaris Submits Environmental Impact Assessment for Construction of Warintza; Announces Initial Steps to Emigrate to Ecuador

Subjects
Environmental monitoring -- Laws, regulations and rules, Emigration and immigration -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Banking, finance and accounting industries, Business
Abstract

QUITO, Ecuador, Sept. 09, 2024 (GLOBE NEWSWIRE) -- Solaris Resources Inc . (TSX: SLS; NYSE: SLSR) ('Solaris' or the 'Company') is pleased to report that it has submitted an Environmental [...]

Published
2024

63. Proposed changes to Environmental Protection Act 1986 (WA) to streamline project approvals process

Author

Winterbourne, Katie

Subjects
Bills, Legislative, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Western Australia. Environmental Protection Act 1986
Abstract

The WA State Government has proposed reforms to the environmental impact assessment process under the Environmental Protection Act 1986 (WA) (EP Act) to streamline the WA project approvals process and [...]

Published
2024

64. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Idaho Power Company's Hells Canyon Project under P-1971

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Idaho Power Co. -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Electric utilities -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Idaho Power Company Project No. 1971-135 NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT [...]

Published
2024

65. Federal Energy Regulatory Commission Issues Notice of Availability of Enviromental Assessment re STS Hydropower, LLC.'s Kanaka Hydroelectric Project under P-7242

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION STS Hydropower, LLC. Project No. 7242-060 NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT [...]

Published
2024

66. Federal Energy Regulatory Commission Issues Notice of Availability of Draft Environmental Assessment re Rumford Falls Hydro LLC's Rumford Falls Hydroelectric Project under P-2333

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Rumford Falls Hydro LLC Project No. 2333-094 NOTICE OF AVAILABILITY OF DRAFT [...]

Published
2024

67. Regulatory update: Comment (69) of R. Lowy on behalf of Environmental Law & Policy Ctr on Decommissioning International, LLC, and Holtec Palisades, LLC; Palisades Nuclear Plant; Notice of Intent To Conduct Scoping Process and Prepare an Environmental Assessment

Subjects
United States. Department of Energy -- Laws, regulations and rules, United States. Nuclear Regulatory Commission -- Laws, regulations and rules, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Nuclear energy policy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary, Environmental Law and Policy Center
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: PUBLIC SUBMISSION As of: 7/30/24, 7:52 AM Received: July 29, 2024 Status: Pending_Post Tracking No. lz7-blpe-r9ad Comments Due: [...]

Published
2024

68. Regulatory update: Comment (98) of Kathleen Dalhoff on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Barbara Blount Subject: RE: Palisades letter to NRC about Power Plant Date: Monday, July [...]

Published
2024

69. Regulatory update: Comment (94) of Christeen Paulison on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: CHRISTEEN PAULISON Subject: RE: Palisades Nuclear Plant/Holtec Date: Monday, July 29, 2024 1:50:50 PM [...]

Published
2024

70. Regulatory update: Comment (96) of Kathleen Dalhoff on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission -- Laws, regulations and rules, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Kathleen Dalhoff Subject: RE: Palisades letter to NRC about Power Plant Date: Monday, July [...]

Published
2024

71. Regulatory update: Comment (102) of Kevin O'Brien on Holtec Decommissioning International, LLC, and Holtec Palisades, LLC; Palisades Nuclear Plant; Notice of Intent To Conduct Scoping Process and Prepare an Environmental Assessment

Subjects
United States. Nuclear Regulatory Commission -- Laws, regulations and rules, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Barbara Blount Subject: FW: Holtec request for a license exemption to restart operations at [...]

Published
2024

72. Regulatory update: Comment (95) of Abigail Park on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Abigail P Subject: RE: Concern Over Palisades Nuclear Plant Date: Monday, July 29, 2024 [...]

Published
2024

73. Regulatory update: Comment (100) of Rosie Rogers on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission -- Laws, regulations and rules, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Rosie Rogers Subject: RE: NRC-2024-0076 Date: Monday, July 29, 2024 1:56:25 PM Good afternoon, [...]

Published
2024

74. Regulatory update: Comment (97) of Julie Ruth on Notice of Intent to Conduct Scoping Process and Prepare an Environmental Assessment Holtec Decommissioning International, LLC and Holtec Palisades, LLC; Palisades Nuclear Plant, Unit 1

Subjects
United States. Nuclear Regulatory Commission -- Laws, regulations and rules, Entergy Nuclear Palisades L.L.C. Palisades Power Plant -- Laws, regulations and rules, Nuclear power plants -- Laws, regulations and rules, Nuclear energy -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: The United States Nuclear Regulatory Commission has issued the following document: From: Stacy Schumann To: Julie Ruth Subject: RE: Palisades nuclear power plant Date: Monday, July 29, 2024 1:53:30 [...]

Published
2024

75. British Columbia Announces Regulation To Facilitate Dispute Resolution With Indigenous Groups During Environmental Assessments

Author

Bryant, Dani

Subjects
Dispute resolution (Law) -- Laws, regulations and rules -- Environmental aspects, Canadian native peoples -- Environmental aspects -- Civil rights, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Canada. Environmental Assessment Act
Abstract

On July 9, 2024, the Environmental Assessment Dispute Resolution Facilitators Regulation (the 'Regulation') came into force in British Columbia. The Regulation arrives almost five years after the 'new' Environmental Assessment [...]

Published
2024

76. New Cabinet Directive On Regulatory And Permitting Efficiency For Clean Growth Projects

Author

Kaukinen, Kerry

Subjects
Economic growth -- Laws, regulations and rules -- Environmental aspects, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Canada. Impact Assessment Act 2019
Abstract

Introduction In early July, the Government of Canada released a Cabinet Directive on regulatory and permitting efficiencies for 'clean growth projects'. The Cabinet Directive establishes a framework aimed at getting [...]

Published
2024

77. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Eagle Crest Energy Company's Eagle Mountain Pumped Storage Project under P-13123

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Energy industry -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Eagle Crest Energy Company Project No. 13123-031 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

78. Regulating Offshore Wind Energy Development and Interconnections with Electricity Markets.

Author

Oyewunmi, Tade

Subjects
Offshore wind farms -- Licensing, certification and accreditation -- Laws, regulations and rules -- Design and construction, Wind power -- Production management -- Laws, regulations and rules -- Prices and rates, Environmental impact analysis -- Laws, regulations and rules, Coastal zone management -- Economic aspects -- Methods -- Laws, regulations and rules, Economic zones (Maritime law) -- Protection and preservation -- Laws, regulations and rules -- Management, United States. Federal Energy Regulatory Commission -- Standards -- Analysis, United States. Bureau of Ocean Energy Management -- Standards -- Analysis, Government regulation, Company business management, Company pricing policy, Outer Continental Shelf Lands Act of 1953, Energy Policy Act of 2005, Submerged Lands Act of 1953, Coastal Zone Management Act of 1972, National Environmental Policy Act of 1969
Abstract

According to the International Energy Agency (IEA), the global offshore wind market is set to expand significantly over the next two decades and will account for about 10% of investment [...]

Published
2023

79. TEAR DOWN THIS WALL: ALIGNING THE CORPS' ENVIRONMENTAL REVIEW OBLIGATIONS UNDER NEPA AND THE CLEAN WATER ACT FOR SECTION 404 WETLAND PERMITS.

Author

Cassidy, Kevin and Johnston, Craig

Subjects
Wetland conservation -- Laws, regulations and rules, Environmental permits -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, National Environmental Policy Act of 1969, Clean Water Act of 1977 (33 U.S.C. 1344)
Abstract

I. Introduction 396 II. The CWA's and NEPA's Common Purpose to Protect the Environment 399 III. The Public Interest Review Regulation 401 IV. The Corps' NEPA Scope of Review Regulation [...], Under its "public interest review" regulation, the U.S. Army Corps of Engineers (Corps) reserves to itself the power to consider a broad range of factors in determining whether it should issue Section 404 permits under the Clean Water Act (CWA). This review supplements, and is distinct from, the analysis that the Corps must engage in pursuant to the so-called "Section 404(b)(1) guidelines," developed by the U.S. Environmental Protection Agency. The legality of the Corps' supplemental authority is little-questioned after the Supreme Court unanimously upheld the legality of the same "public interest review" authority, in the context of the Rivers and Harbors Act, in United States v. Alaska. The Corps has muddied these waters, though, both in its regulations and in practice. In one of its regulations under the National Environmental Policy Act (NEPA), the Corps asserts that, for private projects requiring Section 404 permits, it will only consider "those portions of [each] project over which [it] has sufficient control and responsibility to warrant Federal review." Elsewhere in the same regulatory package, however, the Corps acknowledges that: "In all cases, the scope of analysis used for analyzing both impacts and alternatives should be the same scope of analysis used for analyzing the benefits of a proposal." In practice, the Corps has a long history of limiting its discussion of negative impacts under NEPA to those that are generated in the relevant waters by the dredging or filling activities themselves. On the other side of the equation, however, it considers all of the benefits of the relevant project, including job growth, etc. This results in a skewed analysis under the public interest review, where the benefits of a project are given full consideration, while some negative impacts are essentially ignored. At some level, both the Corps and the courts appear to have placated themselves by drawing a distinction between what happens under NEPA versus what happens under the public interest review. But the authors argue that this makes no sense. The purpose of NEPA is to inform agencies' substantive decisions. The Corps is ignoring potentially significant effects, and thus does not have the information that it needs to appropriately engage in its public interest review process. The authors conclude that the Corps should harmonize its CWA and NEPA reviews of project impacts so that whenever it relies on public interest benefits to justify issuing a permit, it must use NEPA as a tool to fully consider all of the project's negative environmental effects, which would more faithfully fulfill the goals of NEPA and the CWA, as well as the Corps' NEPA implementing regulations.

Published
2022

80. PRETEXTUAL PREEMPTION: THE MODERN WEAPONIZATION OF PREEMPTION IN THE REGULATION OF CONCENTRATED ANIMAL FARMING OPERATIONS.

Author

Moran, Lily

Subjects
Local laws -- Evaluation -- Research, Externalities (Economics) -- Analysis -- Research, Concentrated animal feeding operations -- Health aspects -- Environmental aspects -- Research, Federalism -- Analysis -- Research, Public health law -- Evaluation -- Research, Exclusive and concurrent legislative powers -- Laws, regulations and rules -- Research, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Clean Water Act of 1977
Abstract

INTRODUCTION 1590 I. THE EXTERNALITIES AND REGULATORY STRUCTURE OF THE CAFO INDUSTRY 1594 A. Animal Feeding Operations and Their Impacts 1595 B. The Existing Regulatory Structure Governing CAFOs 1599 l. [...], While efficient, the modern meat production system carries weighty consequences. The myriad of associated environmental and health burdens is principally shouldered by local populations. The level of government oversight and regulation of the largest of these operations, Concentrated Animal Feeding Operations (CAFOs), is not commensurate with the magnitude of their risks. CAFOs are regulated at the federal level primarily with respect to water contamination. The remaining environmental monitoring and enforcement are largely left to individual states. However, the efficacy of state programs varies widely, and many have been criticized for leaving gaps in oversight and enforcement. In the absence of federal and state guidance, some municipalities have developed their own regulations. They have been met with hostility at every turn by state governments and various interest groups. In a maneuver that has become increasingly common, state legislatures are exercising their preemptive authority to block local regulations altogether. As local governments possess exceedingly little inherent power of their own, state preemption can neutralize the ability of local governments to protect their communities from the externalities associated with CAFOs. This trend is not limited to the agricultural industry and is merely a symptom of a seismic shift in the relationship between state legislatures and municipalities. Although preemption is at its core a foundational aspect of the U.S. federal system, the prevalence and aggression of this particular strand of preemption is novel and has uniquely serious implications on public health, environmental justice, and democracy. The quashing of local policies for its sake alone under the pretext of preemption warrants critical evaluation, and in some instances, must be constrained where necessary. In this comment, I distinguish the modern divergence in the use of preemption against the background of the factory farming industry and identify a metric through which courts might consider limitations of its use. Specifically, courts should identify when state preemption results in the creation of regulatory vacuums such that industry actors are permitted to use their own discretion to determine the appropriate level of protection for the surrounding communities. Further, I argue that it is in these narrow circumstances, in which human health and safety are directly imperiled, that courts should find that a local regulation is preempted only where a state demonstrates a comprehensive regulatory interest and scheme.

Published
2022

81. Is FAST-41 Permitting All that Fast? Why Congress Must Take a More Serious Approach to Streamlining Federal Permitting.

Author

Stepovich, David

Subjects
Administrative agencies -- Environmental policy -- Powers and duties, Infrastructure (Economics) -- Laws, regulations and rules, Legislative oversight -- Laws, regulations and rules, Government accountability -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Energy industry -- Laws, regulations and rules -- Licensing, certification and accreditation, Government regulation, Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Infrastructure Investment and Jobs Act of 2021, National Environmental Policy Act of 1969
Abstract

TABLE OF CONTENTS Introduction 212 I. Brief Overview of Title 41 of the FAST Act 215 A. Key FAST-41 Initiatives 216 B. New FAST-41 Provisions in the Infrastructure Investment 219 [...], Meeting the nation s climate goals is not achievable under the current federal permitting process. Title 41 of the Fixing America's Surface Transportation Act ("FAST-41"), signed into law in December 2015, was the most recent major legislation aimed at streamlining the federal permitting process, and has been the subject of high praise leading up to the Infrastructure Investment and Jobs Act ("IIJA"). In November 2021, Congress eliminated FAST-41's sunset through the IIJA, making the program, as well as the permitting council and office it created, permanent. However, an in-depth review of the permitting council's 2020 Annual Report to Congress finds that FAST-41 high praise is ill warranted - it neither speeds up the National Environmental Policy Act ("NEPA") review process as fast as it appears, nor is it as popular as it is made out to be. Given these findings, an extension, rather than elimination, of FAST-41's sunset would be a more prudent decision, giving Congress more time to assess the fledgling program s efficacy in streamlining the permitting process. Attempts to streamline the permitting process by improving the interagency coordination and inefficiencies of the review process, rather than modifying any federal statute or mandatory environmental review, like FAST-41, do not provide the teeth required to fix the nation s delay-prone permitting system. Indeed, FAST-41 thus far seems to have added another layer of procedures and points of contact to an already complex and confusing permitting process. Nonetheless, to adequately access and increase accountability within FAST-41, this Note calls for a Congressional oversight hearing and specific improvements to the FAST-41 recommended performance schedules and online database. However, what is required to fix the nation s permitting system is to modify NEPA Act or expand and make uniform categorical exclusions under the current NEPA framework.

Published
2022

82. Firefighting and Forever Chemicals: The Environmental Impact of PFAS in Firefighting Foam.

Author

Dunn, Alexandra and Ferrell, Jessica

Subjects
Fire extinguishing agents -- Laws, regulations and rules -- Environmental aspects -- Health aspects, Fire extinction -- Chemical systems, Environmental impact analysis -- Laws, regulations and rules, Government regulation
Abstract

Clouds of black smoke erupt from a jet fuel--powered blaze at a commercial airport. The high-hazard, intense liquid fire cannot be put out with water alone--like a grease fire in [...]

Published
2022

83. Good Fire: A Yurok Tribe Response to Climate Change.

Author

Meyer, Melodie

Subjects
Prescribed burning -- Laws, regulations and rules -- Environmental aspects, Yuroks -- Environmental aspects -- Laws, regulations and rules, Fuel -- Laws, regulations and rules -- Environmental aspects -- Health aspects, Environmental impact analysis -- Laws, regulations and rules, Rites and ceremonies -- Environmental aspects -- Laws, regulations and rules, Wildfires -- Laws, regulations and rules -- Management -- Prevention, Ritual -- Environmental aspects -- Laws, regulations and rules, Tribal sovereignty -- Laws, regulations and rules, Government regulation, Company business management
Abstract

Several tribes have adopted adaptation plans and mitigation strategies in response to the climate crisis. These responses incorporate traditional ecological knowledge that seamlessly blends the most current scientific methods with [...]

Published
2022

84. Losing Ground: How the Supreme Court's Use of Easement Law in U.S. Forest Service v. Cowpasture River Preservation Ass'n Thwarts Environmental Justice.

Author

Metcalf, William W.

Subjects
Environmental permits -- Laws, regulations and rules, Public lands -- Public participation -- Laws, regulations and rules, Pipelines -- Design and construction, Easements -- Laws, regulations and rules, Environmental justice -- Analysis, Environmental impact analysis -- Laws, regulations and rules, Forest Service v. Cowpasture River Preservation Ass'n (140 S. Ct. 1837 (2020)), Appalachian Trail -- Protection and preservation, Government regulation, Weeks Act of 1911, National Trails System Act of 1968, Mineral Lands Leasing Act of 1920
Abstract

INTRODUCTION With its narrow progression along mountain ridgelines, slow descents into forested valleys, and meandering turns through sprawling fields, the Appalachian Trail ("the Trail") provides a glimpse into some of [...], In 2015, Duke Energy and Dominion Energy joined forces to begin work on a massive natural gas pipeline extending through Appalachia. The proposed path of the Atlantic Coast Pipeline, as the project was named, ran through several low-income, minority communities and also traversed a section of the Appalachian Trail located in George Washington National Forest. The U.S. Forest Service granted the energy companies a permit to build the pipeline across this national forest and the Appalachian Trail, but before work could begin, a group of environmental stakeholders filed an action challenging the Forest Service's authority to issue the permit. The Supreme Court adjudicated that challenge in U.S. Forest Service v. Cowpasture River Preservation Ass'n. The dispositive issue in the case was whether the Appalachian Trail is actually "land." If so, then under established federal law, the Forest Service would lack the authority to grant the permit; if not, then the grant of the permit would be valid. To make its decision on the subject, the Court turned to private easement law principles and, in doing so, concluded that the permit grant must be upheld because the Appalachian Trail is not land. As the Court explained, "[a] trail is a trail, and land is land"--the two are distinct from one another. Or are they? This Recent Development answers that question in the negative, positing that the Cowpasture Court reached an erroneous conclusion by incorrectly invoking the private law of easements to decide the case. And although Duke and Dominion eventually abandoned the Atlantic Coast Pipeline project, the legal precedent set by the Court's decision remains. This precedent will result in increased future harms to the environment and low-income, minority communities and, in that way, ultimately constitutes lost ground for environmental advocates in the fight against environmental injustice.

Published
2022

85. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Sho-Me Power Electric Cooperative's Niangua Hydroelectric Project under P-2561

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Electric industries -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Sho-Me Power Electric Cooperative Project No. 2561-057 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

86. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Southern California Edison Company's Borel Hydroelectric Project under P-382

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Southern California Edison Co. -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Electric utilities -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Southern California Edison Company Project No. 382-108 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

87. Federal Impact Assessment: Legislative Amendments And Cabinet Directive

Author

Pike, Alexandria

Subjects
Canada. Supreme Court -- Powers and duties, Constitutional law, Federal jurisdiction -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Canada. Impact Assessment Act 2019
Abstract

Background The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach [...]

Published
2024

88. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re the Town of Bedford, Virginia's Bedford Hydroelectric Project under P-5596

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Town of Bedford, Virginia Project No. 5596-020 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

89. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re PacifiCorp's Cutler Hydroelectric Project under P-2420

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, PacifiCorp -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Electric utilities -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION PacifiCorp Project No. 2420-059 NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT (July 26, [...]

Published
2024

90. After The New Bill C-69: A Plan, A Directive And Then What?

Author

Dupont, Serge

Subjects
Canada. Parliament -- Powers and duties, Bills, Legislative, Environmental law -- Interpretation and construction, Environmental impact analysis -- Laws, regulations and rules, Environmental protection -- Laws, regulations and rules, Government regulation, Environmental issue, Business, international
Abstract

In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and 'clean growth projects' in particular. First, Bill [...]

Published
2024

91. Environmental Assessment Dispute Resolution Regulations Officially Announced In British Columbia

Author

Singh, Sharon

Subjects
Canadian native peoples -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, British Columbia. Environmental Assessment Act
Abstract

On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous [...]

Published
2024

92. Update: Federal Impact Assessment Act Amendments Coming Into Force

Subjects
Expenditures, Public -- Laws, regulations and rules, Jurisdiction -- Laws, regulations and rules, Bills, Legislative, Environmental impact analysis -- Laws, regulations and rules, National budgets -- Laws, regulations and rules, Government regulation, Business, international, Canada. Impact Assessment Act 2024 (Draft)
Abstract

On June 20, 2024, the omnibus federal budget Bill C-69 received royal assent.1 As a result, the amendments to the Impact Assessment Act ('IAA') included in Bill C-69 came into [...]

Published
2024

93. Downstream GHG Emissions To Be Taken Into Account In Planning Decisions

Author

Williams, Justin

Subjects
United Kingdom -- Environmental policy, Air quality management -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, European Union -- Environmental policy
Abstract

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream [...]

Published
2024

94. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Town of South Hill's Whittles Mill Dam Project under P-7630

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Dams -- Laws, regulations and rules -- Design and construction, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Town of South Hill Project No. 7630-005 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

95. Are 'Surgical' Amendments Enough? Debates Surrounding The Proposed Amendments To The Impact Assessment Act

Subjects
Canada. Senate -- Powers and duties, Jurisdiction -- Laws, regulations and rules, Bills, Legislative, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, Canada. Impact Assessment Act 2019
Abstract

On June 10, 2024, the Senate received the Energy, the Environment and Natural Resources ('ENEV') Standing Committee's Report regarding the proposed amendments to the Impact Assessment Act (IAA). This post [...]

Published
2024

96. Streamlining Environmental Impact Assessment complex networks to integrate new EU environmental policies

Subjects
Global warming -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international, European Union -- Environmental policy
Abstract

Streamlining Environmental Impact Assessment Complex Networks To Integrate New Eu Environmental Policies In Response To Climate Change, The Landmark Paris Agreement Established A Set Of Goals To Achieve Climate Neutrality [...]

Published
2024

97. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Hydro Technology Systems, Inc.'s Meyers Falls Hydroelectric Project under P-2544

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Water-power -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Formal Notice: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Hydro Technology Systems, Inc Project No. 2544-052 NOTICE OF AVAILABILITY OF ENVIRONMENTAL [...]

Published
2024

98. Federal Energy Regulatory Commission Issues Notice of Availability of Environmental Assessment re Southern California Edison Company's Kaweah Hydroelectric Project under P-298

Subjects
United States. Federal Energy Regulatory Commission -- Laws, regulations and rules, Southern California Edison Co. -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Electric utilities -- Laws, regulations and rules, Environmental impact statements -- Laws, regulations and rules, Environmental policy -- Laws, regulations and rules, Hydroelectric power plants -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, News, opinion and commentary
Abstract

Washington: Federal Energy Regulatory Commission Issues the following Request for Additional Information: UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Southern California Edison Company Project No. 298-081 NOTICE OF AVAILABILITY [...]

Published
2024

99. SCHIEHALLION FIELD, Glen Lyon FPSO, DRILLING OF PRODUCER WELL 204|20a - BP Exploration Operating Company Limited - DR|2311|5 - Decision date 07|06|2024

Subjects
BP Exploration Operating Company Ltd. -- Laws, regulations and rules, Petroleum in submerged lands -- Laws, regulations and rules, Oil and gas exploration -- Laws, regulations and rules, Petroleum services industry -- Laws, regulations and rules, Drilling and boring -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international
Abstract

London: UK Government has issued the following news release: BP EXPLORATION OPERATING COMPANY LIMITED CHERTSEY ROAD SUNBURY ON THAMES MIDDLESEX TW16 7BP Registered No.: 00305943 Date: 7th June 2024 Department [...]

Published
2024

100. MURLACH, NOBLE INNOVATOR DRILLING 22|24h-MUR SD - BP Exploration Operating Company Limited - DR|2411|1 - Decision Date 04|06|2024

Subjects
BP Exploration Operating Company Ltd. -- Laws, regulations and rules, Petroleum in submerged lands -- Laws, regulations and rules, Oil and gas exploration -- Laws, regulations and rules, Petroleum services industry -- Laws, regulations and rules, Drilling and boring -- Laws, regulations and rules, Environmental impact analysis -- Laws, regulations and rules, Government regulation, Business, international
Abstract

London: UK Government has issued the following news release: BP EXPLORATION OPERATING COMPANY LIMITED CHERTSEY ROAD SUNBURY ON THAMES MIDDLESEX TW16 7BP Registered No.: 00305943 Date: 4th June 2024 Department [...]

Published
2024

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