California May Enter Private Properties to Conduct Studies for Water Tunnel Project
The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to acquire for construction of two new tunnels to deliver fresh water from Northern California to Central and Southern California. The court ruled in the state's favor over landowners claims that California should pay "rent" to access their properties.
EPA Proposes User Fee Rule for Hazardous Waste E-Manifest
EPA proposed its user fee methodology applicable to electronic and paper manifests submitted to the national electronic manifest system under the Hazardous Waste Electronic Manifest Establishment Act; the Agency also proposed several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests.
EPA's Retroactive Withdrawal of Corps Permits for Mining Site Did Not Violate APA
The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a mountaintop coal mining project in West Virginia. The areas withdrawn make up roughly 88% of the total discharge area that had been authorized by the permit.
The July 2016 issue of ELR's News & Analysis features two pieces on coal: an article that looks at the legal and economic issues of putting a carbon charge on BLM coal; and a transcript to an ELI seminar on the CAA power plant regulation and the grandfathering of coal. The issue also examines the recent Volkswagen emissions scandel, the environmental decisions of Supreme Court nominee Justice Merrick Garland, forest fire damages and ecological benefits, and Pennsylvania's Environmental Rights Amendment.