On Tuesday, February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan based on applications filed by a broad coalition of states, the coal industry, the utility industry, and chambers of commerce. The parties filed the applications after the D.C. Circuit Court of Appeals denied similar motions.

Sean Sullivan, an Environmental and Natural Resources Partner in Raleigh, NC, was part of the presenting faculty for the 2016 North Carolina Chamber’s 2016 Environmental Compliance Conference in Durham, NC on January 28th, 2016. Sean discussed Environmental Health and Safety Programs, including covering the EPA’s and the Department of Justice’s expectations for effective compliance programs, how an effective compliance program can help avoid criminal enforcement, and the renewed focus on holding individual wrongdoers accountable.

California’s environmental prosecutors have scrutinized hazardous waste management for several years now, particularly at major retailers.  This focus has led to California settlements with Costco, CVS, Home Depot, Lowe’s, Wal-Mart, and Walgreens, among other retailers.  The settlements resolved alleged mismanagement of hazardous waste generated from material such as consumer products, pharmaceuticals, and general home improvement products.

In a significant win affirming the ongoing validity of long-issued permits, United States District Judge Sam A. Lindsay of the Northern District of Texas dismissed all of the claims brought by two groups challenging the National Pollutant Discharge Elimination System (NPDES) permit issued to Georgia-Pacific LLC’s Crossett, Arkansas, paper mill. The Court’s opinion dismissing the case in full was issued January 19, 2016, and is available here.

The basis of an effective Environmental, Health and Safety (EHS) program remains the strength of its management system and how thoroughly it is integrated into business practices. This year, Troutman Sanders is thrilled to be the presenting sponsor at the North Carolina Chamber Environmental Compliance Conference, which takes place next Thursday, January 28th in Durham, North Carolina. This conference is designed to provide employers with an in-depth understanding of current critical issues and practices related to the effective implementation of EHS programs as well as tools to navigate the regulatory landscape. Attendees will join expert panelists and top North Carolina Department of Environmental Quality (NCDEQ) officials in proactive discussions on pressing regulatory issues, legislation, policy decisions, and other initiatives on water, waste, air and natural resources that affect business. This conference provides NC DEQ officials with valuable feedback from the regulated community while providing businesses with an excellent forum on emerging environmental trends and issues.

The U.S. Fish and Wildlife Service (FWS) recently announced a draft methodology for prioritizing species status reviews and 12-month findings for species listings under the Endangered Species Act (ESA). The proposed revisions are meant to aid FWS in addressing the backlog of over 500 unresolved status reviews, and focus resources on the highest-priority status reviews.  FWS will classify species into “priority bins” as follows:

On January 14, 2016, the Fish and Wildlife Service finalized a rule exempting certain types of “take” of northern long-eared bats from the requirement to obtain an incidental take permit, pursuant to Section 4(d) of the Endangered Species Act.  In the final rule, the Service has made all incidental (as opposed to purposeful) take exempt from the permitting requirement unless it is caused by tree removal (a) that occurs within a 0.25 mile buffer around known occupied northern long-eared bat hibernacula or (b) that cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot (45-m) radius around the maternity roost tree, during the pup season (June 1 through July 31).  The obligation to obtain an incidental take permit for tree removal in the vicinity of occupied habitat only applies in an area designated as the “white nose syndrome buffer zone,” the area of the country in which the bats have been affected by the incurable disease white nose syndrome (“WNS”).  As with the provisional 4(d) rule released last April, all incidental take outside of the WNS buffer zone is exempt.