On December 27, 2018, the Environmental Protection Agency (EPA or Agency) issued a rulemaking package, National Emission Standards for Hazardous Air Pollutants:  Coal- and Oil-Fired Electric Utility Steam Generating Units – Reconsideration of Supplemental Finding and Residual Risk and Technology Review, which would impact affected power plants in four key ways.  First, the proposal reconsiders the 2016 Supplemental Finding justifying the costs associated with the Mercury and Air Toxics Standards (MATS).  Second, EPA is proposing to keep the MATS in place but is requesting comment on whether the standards should be rescinded.  Third, EPA is proposing the Agency’s risk and technology review (RTR) for covered power plants and concluding that no new... READ MORE
The firm’s public policy practice is pleased to provide the 2019 Congressional Calendar, which notes days of session for both chambers of Congress as well as federal holidays. READ MORE
On December 11, 2018, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (the “Corps”) (collectively the “Agencies”) released a proposed rule re-defining the term “waters of the United States” as applied under the Clean Water Act (“Proposed Rule”). If finalized, the Proposed Rule would replace the definition of “waters of the United States” adopted under 2015 Obama-era “WOTUS Rule” (the “2015 WOTUS Rule”)  As explained in previous Van Ness Feldman alerts, the 2015 WOTUS Rule expanded federal control over several types of waterbodies, particularly with respect to tributaries, adjacent waters, and wetlands.   The 2015 WOTUS Rule has been subject to numerous legal challenges.  As part of these challenges, a patchwork... READ MORE
Gwen Keyes Fleming will serve as moderator at ELI's workshop for policy development. READ MORE
Dan Press will be a featured speaker at the annual National TERO Convention in Cherokee, North Carolina. READ MORE
Van Ness Feldman, Beveridge & Diamond, and NAWL's Environmental & Energy Practice Area Affinity Group cordially invite you to a breakfast program: Environmental Review and Permitting Reform for Infrastructure Projects.   The program is being coordinated by a group including Andrea Hudson Campbell, partner in our environment practice, and panelists will include  Gwen Keyes Fleming, partner in our environmental practice. READ MORE
We are pleased to announce that Van Ness Feldman was selected for the 2018 National Law Review’s (NLR) “Go-To Thought Leadership Award” in the environmental category for our coverage of the Clean Water Act.  READ MORE
It is with great sorrow that we note the passing of our long-time friend and colleague, Curt Moffatt. READ MORE
We are pleased to announce that effective January 1, 2019, Maranda Compton and Josh Krebs will become partners in the firm. READ MORE
PHMSA Postpones Technical Advisory Committee Meetings Because of a lapse in funding, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a postponement of the meetings of the Gas Pipeline Advisory Committee (GPAC) and Liquid Pipeline Advisory Committee (LPAC) that had been scheduled for January 8-10.  When the meetings are convened, the GPAC will consider the gathering line component of the notice of proposed rulemaking PHMSA issued in April 2016 to significantly revise PHMSA’s Part 192 regulations applicable to gas transmission and gathering pipelines.  The American Petroleum Institute and GPA Midstream Association have submitted a position paper and comments regarding PHMSA’s proposal.  The Pipeline Safety Trust has... READ MORE
FERC Reinstates and Extends Preliminary Permit Under America’s Water Infrastructure Act On December 20, 2018, the Federal Energy Regulatory Commission (FERC) reinstated and extended for two years a preliminary permit for the proposed Banks Lake Pumped Storage Project, to be located in Grant County, Washington on federal lands administered by the U.S. Bureau of Reclamation (Reclamation).  Because a portion of the project is FERC-jurisdictional, the project requires both a FERC license and a lease of power privilege from Reclamation. The initial three-year preliminary permit to study the feasibility of the project expired on July 31, 2016.  After FERC extended the permit for an additional two years upon the permittee’s showing of good faith and... READ MORE
PHMSA Issues Final Rule Addressing Plastic Pipe On November 20, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the pipeline safety regulations applicable to the use of plastic pipe in the transportation of gas.  The amended regulations apply to new, repaired, and replaced plastic pipe and will become effective January 22, 2019.   Below is an overview of the amendments to the regulations.  Traceability and tracking provisions delayed:  PHMSA delayed adopting proposed definitions of “traceability information” and “tracking information” and the proposed requirements that operators implement the tracking and traceability provisions of industry standard ASTM F2897-11a and retain tracking and... READ MORE