Environmental Law and Policy Monitor

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On Friday, October 7, 2016, several industry trade organizations and associations, as respondents, filed a brief requesting that the U.S. Supreme Court review the fractured decision of the Sixth Circuit to exercise jurisdiction over various challenges to the EPA-Army Corps issued Waters of the United States (”WOTUS”) Rule under the Clean Water Act (“CWA”).

On September 27, 2016, the U.S. Court of Appeals for the D.C. Circuit heard oral argument over the Obama Administration’s signature plan for addressing climate change: the Clean Power Plan, which relies on “generation shifting” to reduce power sector emissions 32 percent by 2030. In a highly unusual move, the court held the argument en banc—that is, before all active judges (except recusals).  Thus, with the recusal of Supreme Court nominee Judge Garland, the case was heard before a ten judge panel of Judges Henderson, Tatel, Rogers, Griffith, Kavanaugh, Brown, Srinivasan, Pillard, Millett, and Wilkins (4 Republican-appointed and 6 Democrat-appointed, four of whom were appointed by President Obama).

On September 22, the United States Fish and Wildlife Service (“FWS”) proposed the rusty patched bumble bee for listing as an endangered species under the Endangered Species Act (“ESA”).  This action results from a 2013 petition and subsequent lawsuit filed by The Xerces Society for Invertebrate Conservation to list the rusty patched bumble bee as an endangered species.

Troutman Sanders is pleased to announce that more than 115 of its lawyers have been selected for inclusion in the Best Lawyers in America© 2017 edition. Among this list are 11 of our Environmental and Natural Resources lawyers, including Gregory W. Blount, Randy E. Brogdon, Margaret Claiborne Campbell, William M. Droze, Douglas A. Henderson, Hollister “Holly” A. Hill, John H. Johnson, Jr., Carroll “Mack” W. McGuffey III, and Andrea L. Rimer in our Atlanta, Georgia office.; Peter S. Glaser in Washington, D.C.; and Brooks M. Smith in Richmond, VA.

Today, Friday, June 3, 2016, EPA published in the Federal Register the final rule setting New Source Performance Standards (NSPS) regulating methane emissions from the oil and natural gas industry.

EPA also published a notice soliciting public comments on its proposed information collection request for existing oil and natural gas facilities. This marks the first step in developing methane standards for existing sources.