Author Archives: Kathy G. Beckett

The Clean Power Plan Stay Draws A Wide Range of Responses

The U.S. federal court system is very busy these days managing the Obama administration’s efforts to develop and implement the nation’s environmental policy on Climate Change.  On February 9, 2016 the U.S. Supreme Court weighed in on the pending litigation of the Clean Power Plan before the U.S. Court of Appeals for the District of… Read More »

Ethane Storage Hub – Economic Development Opportunities

On December 2, 2015 Congressman McKinley gained unanimous agreement from the House to amend House Resolution 8 to include an Ethane Storage Study. H.R. 8, was introduced by Congressman Upton (MI-R) and is titled, “North American Energy Security and Infrastructure Act of 2015”. This resolution discusses the need to modernize energy infrastructure, build a 21st… Read More »

Proposed 2015 Ozone Transport Rule (“CSAPR Update”) – Industrial Sources

On November 16, 2015 EPA Administrator McCarthy signed the proposed CSAPR Update transport rule. The official publication in the Federal Register will be forth coming. There will be much to say about the proposal’s increased reductions and pollution control equipment operational requirements from the coal fired power generation industry, but it is well to take… Read More »

Combined Timelines for CCR and ELG for Steam Electric Power Sector

During a recent webinar, the question was raised, what is the combined time line for the Coal Combustion Residual Rule and the Effluent Guidelines for the Stream Electric Power Sector.  It seemed an easy question, but the answer was not ready at my finger tips.  The underlying question really asks when do current impoundments and… Read More »

U.S. Energy and Environmental Policy and Law In the Making: The Clean Power Plan

It’s been a busy week for the United States and the Obama Administration’s Climate Change Initiative. On October 23, 2015, the Clean Power Plan was published in the Federal Register.  This official act triggered the rush to the U.S. Court of Appeals for the D.C. Circuit, the federal court to which all national Clean Air… Read More »

Migratory Bird Treaty Act Enforcement Questioned

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled that the Migratory Bird Treaty Act (“MBTA”) only criminalizes acts related to hunting or poaching, not omissions that unintentionally kill birds.  US. V. Citgo Petroleum Corporation, et al., case number No. 14-40128, in the U.S. Court of Appeals for the Fifth… Read More »

What Is On the Mind of the DOJ Environmental and Natural Resources Division?

On July 23, 2015, John Cruden, head of DOJ’s Environment and Natural Resources Division, gave this speech to the American Bar Association Litigation Section on the current direction of federal environmental enforcement efforts. It touches upon issues we are consciously or subconsciously managing.  If you do not have time to read the speech, review the… Read More »

USFWS WV Field Office Guidance on Bat Conservation Plans – Proceed Cautiously

In June 2015, the US Fish and Wildlife Service released the “Guidance on Developing and Implementing a Myotid Bat Conservation Plan.”   Key teaching points about this guidance are raised in the following Q&A: Why develop a plan?  It can help significantly reduce the likelihood a “take” would occur. Will a plan protect me… Read More »

Michigan v. EPA – Setting the Stage for The Clean Power Plan and WOTUS

On June 28, 2015, the U.S. Supreme Court filed its 5-4 ruling on the challenge to US EPA Mercury Air Toxics (MATS) rule.  Michigan, et al. v. Environmental Protection Agency, et al., No. 14-46.  In short the decision reverses and remands the lower court, Court of Appeals of the D.C. Circuit, decision determining it… Read More »

USFWS Species Listing An Internal Process

On May 26, 2015 the D.C. Circuit Court of Appeals delivered an opinion in National Association of Home Builders v. USFWS, No. 14-5121 (D.C. Cir. May 26, 2015) that attempted to revisit the strict deadlines for the USFWS to submit either a warranted or not-warranted finding for numerous candidate species. Click here.  The district court… Read More »