Author Archives: Kathy G. Beckett

Waters of the United States – D.C. Circuit May 15, 2015 Home Builders II Opinion

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop.  It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior Circuit Judge Sentelle joined, to keep pushing.  Judge Silberman… Read More »

WV Senate Sends a Note to WVDEP in Rule Approval

The WV Legislature is working through its review of rules presented to it for approval.  Among the WVDEP rules up for legislative review is that which addressed the water quality standards rule (47 CSR 2).  In the amended rule WVDEP has presented to the Legislative Rulemaking Review Committee is a change that would require application… Read More »

WV TMDL Litigation Challenging EPA

On January 7, 2015 the Ohio Valley Environmental Coalition, Inc; Sierra Club; West Virginia Highlands Conservancy, Inc; and the West Virginia Rivers Coalition filed a Complaint for Declaratory and Injunctive Relief against U.S. EPA, Region III.  The action challenges six (6) final actions by EPA and seeks to compel EPA to perform non-discretionary duties under… Read More »

Failed Federal Collaboration: United States Fish and Wildlife Service State Relations

The supplemental comment period for the USFWS proposal to list as endangered the Northern Long Eared Bat (“NLEB”) and to not list the Eastern Small Footed Bat just closed on August 29, 2014. (79 Fed. Reg. 36698, June 30, 2014). The original proposal was published on October 2, 2013. (78 Fed. Reg. 61046). This proposed… Read More »

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” have to do with the Clean Air Act?

UARG v. EPA (Tailoring Rule Litigation) On June 23, 2014 Justice Scalia delivered the opinion of the U.S. Supreme Court on the question of whether EPA motor vehicle greenhouse gas regulations necessarily automatically triggers permitting requirements under the CAA for stationary sources that emit greenhouse gases. The statements in the opinion concerning EPA’s assertions of… Read More »

EPA Issues Final Rule on Cooling Water Intakes at Existing Facilities

On May 19, EPA issued a final rule implementing Section 316(b) of the Clean Water Act (“CWA”) governing the location, design, construction, and capacity of cooling water intake structures (“CWIS”) at existing power generating and manufacturing facilities. This rule serves to protect fish and other organisms from impingement and entrainment in CWIS and covers approximately… Read More »

Northern Long-Eared Bat Update

Since the October 2, 2013 proposed listing of the Northern Long Eared Bat (NLEB) as endangered or threatened, over thirty-seven thousand comments, letters of concern and support have been filed with the agency. (78 Fed. Reg. 61046).  The USFWS has determined that the NLEB is in danger of extinction, predominantly due to the threat of… Read More »

Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties

Authored by:    Kathy Beckett and Kathy Milenkovski The United States District Court for the District of Columbia recently rejected a proposed settlement agreement in litigation between several environmental groups and the EPA over EPA’s review of a proposed rule to classify coal ash as a hazardous waste.  According to the judge, the proposed settlement agreement… Read More »

USFWS Snubs State Natural Resources Agencies: Northern Long Eared Bat ESA Listing Proposal

There is a growing concern about USFWS action relative to the Northern Long-Eared Bat (NLEB) that speaks to the common dilemma, state versus federal.  It was the state natural resource professionals who identified the impacts of White Nose Syndrome on bat populations in the United States and it is the states that have continued the… Read More »

Kathy G. Beckett Presides as Chair of the US Chamber of Commerce Energy, Clean Air, and Natural Resources Committee

On December 3, 2013 the U.S. Chamber Joint Fall Committee Meeting was held of the Committees whose primary issues are energy, environment and regulatory at the U.S. Chamber offices in Washington, DC.  As a Member of the U.S. Chamber Board of Directors, Kathy Beckett, Steptoe & Johnson, PLLC, was appointed to Chair the Energy, Clean… Read More »