SMG POV


EPA and Army Corps of Engineers Clarify Protection for Nation’s Streams and Wetlands in New Proposed Rule



Karen Thompson, P.G.

We told you last week that the USACE and EPA had issued a proposed rule defining key provisions of the Clean Water Act.  Click here for that blog entry.  The most substantial change in the new rule is the proposed deletion of the existing regulatory provision that defines “waters of the “United States”.  Waters in […]


Alleged Permit Violations at LG&E



Joe Sandman

Keep your eye on this one! A recent article in The Courier-Journal, reports that the Sierra Club and Earthjustice are alleging  that LG&E’s Mill Creek Power plant is violating its KPDES discharge permit and is threating a lawsuit if the discharges are not halted. But wait – the commissioner of the Kentucky Department of Environmental Protection […]


Supreme Court allows Mingo Logan decision to stand



Sara Smith

This case has been on a roller coaster since 2007 when the Corps of Engineers issued a Section 404 permit allowing a large surface mine to operate in West Virginia (UP).  In 2009, well after the mine had begun development and significant capital had been invested, EPA announced that it would revoke parts of the […]


Proposed Rule: “Waters of the US”



Sara Smith

Today, March 25, 2014, EPA and the U.S. Army Corps of Engineers have released a proposed rule defining “waters of the US”.  This proposed rule is 371 pages long. Due to questions arising from several Supreme Court cases on the issue over the past decade, many affected industries, agencies and citizens have asked for clarification […]


House Bill to Streamline NEPA Procedures



Josiah Frey

House Bill 2641 passed the U.S. House of Representatives on March 6, 2014 and aims to streamline federal agency coordination on environmental permitting under the National Environmental Policy Act (NEPA).  Proponents of the bill point to a proposed wind farm off the coast of Massachusetts that has been in the permitting process for 12 years […]

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