Court Narrows Scope of NWP 12 Ruling; Corps Appeals to Ninth Circuit

Last month, we wrote about a recent decision from the US District Court for the District of Montana vacating Nationwide Permit (“NWP”) 12, the general permit issued by the Army Corps of Engineers (“Corps”) for pipelines and other utility projects. On May 11, the court narrowed the scope of the decision, vacating and enjoining the…

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EPA Issues Interim COVID-19 Guidance on Site Field Work Decisions

On April 10, 2020, the Environmental Protection Agency (EPA) released a memorandum providing interim guidance on site field work decisions due to the impacts of COVID-19 (Field  Guidance). The Field Guidance is applicable to cleanup and emergency responses  where EPA is the lead agency, or has direct oversight of or responsibility for the work being…

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Wartime Regulation Does Not Render Government an Operator Under CERCLA, Third Circuit Rules

On May 4, 2020, the Third Circuit issued a decision in PPG Industries v. United States, a case which considered whether the government’s involvement at a chromium processing plant during World War II made it an “operator” liable for cleanup costs under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).  The…

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New Presidential Executive Order Restricts Purchase of Bulk-Power System Equipment

On May 1st, President Trump issued an Executive Order on Securing the US Bulk-Power System.  The Executive Order prohibits certain transactions involving bulk-power system electric equipment and may have important consequences for renewable energy developers.  It also establishes a task force to address national security issues in energy-related procurement by federal agencies and in the…

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