Vol. 29, No. 2 ● February 3, 2021
In This Issue:
Federal Environmental Policy: Regulatory Freeze and Executive Orders Signal Changes
Air Permit Reporting Deadline Ahead
Virginia Incidental Take Regulations Will Affect Many Industries…and That’s Not by Accident
Changes to Migratory Bird “Take” Regulations: Frozen for Now
Maryland Stream Use I and Use IV Time of Year Restrictions Begin March 1
Federal Environmental Policy: Regulatory Freeze and Executive Orders Signal Changes
On January 20, 2021, the Biden Administration announced a Regulatory Freeze Pending Review for any rules published in the Federal Register that have not yet taken effect – including the 2021 Nationwide Permits and changes to the Migratory Bird Treaty Act. That freeze automatically postpones implementation for at least 60 days. The Administration also issued Executive Orders regarding the implementation of science-related policies. WSSI will be following the news and will provide updates in Field Notes.
Air Permit Reporting Deadline Ahead
Air Quality Permit holders in Virginia, take note: the deadline for filing your 2020 Annual Update Reports and Emissions Statements is around the corner. WSSI can help you prepare and submit those ahead of the April 15, 2021 deadline. WSSI recently acquired EEE Consulting, Inc. (3e), which has managed air permits for more than 20 years.
Virginia Incidental Take Regulations Will Affect Many Industries…and That’s Not by Accident
The Virginia Department of Wildlife Resources has announced groundbreaking new regulations to protect migratory birds from harm, filling a regulatory gap created by pullback of federal regulations regarding migratory birds. The proposed regulation will affect nearly every part of the development industry in Virginia and will require new permits for construction activities. WSSI has broken down this important change for our Field Notes readers.
Changes to Migratory Bird “Take” Regulations: Frozen for Now
On January 7, 2021, the U.S. Fish and Wildlife Service published the Final Rule for the Regulations Governing Take of Migratory Birds in the Federal Register. The Rule was scheduled to take effect on February 6, 2021, but a freeze placed through President Biden’s executive order on January 20, 2021 suspended implementation pending a review. WSSI has been monitoring the changes to these regulations for the Migratory Bird Treaty Act, because of the implications for projects that can impact migratory bird species.
Maryland Stream Use I and Use IV Time of Year Restrictions Begin March 1
Every waterway in Maryland is protected by restrictions on instream work to help minimize impacts to aquatic habitats during construction projects. The Time of Year Restrictions for Use I (Nontidal Streams) and Use IV (Recreational Trout Waters) streams both begin March 1 and extend until June 15 and May 31, respectively. The Maryland Department of the Environment enforces these restrictions by routinely visiting job sites, and will shut down those projects that are in violation.