Environmental Provisions in the Consolidated and Further Continuing Appropriations Act, 2015

Posted

In addition to the bread and butter federal agency appropriations language in the Consolidated and Further Continuing Appropriations Act, 2015 (the “Act”), enacted late last year, the Act includes a number of provisions affecting environmental regulation, including:

  • The interpretive rule published by Environmental Protection Agency (EPA) and the Corps of Engineers regarding the applicability of Section 404(f)(I)(A) of the Clean Water Act (CWA), effective March 25, 2014, will be withdrawn;
  • None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill materials for activities identified in Section 404(f)(1)(a), (c) of the CWA
  • None of the funds made available by this Act may be used by the Department of the Interior to write or issue, pursuant to Section 4 of the Endangered Species Act, to proposes a listing for the greater sage-grouse;
  • No funds may be used to promulgate or implement any rule requiring the issuance of permits under Title V of the Clean Air Act for emissions of greenhouse gases from biological products associated with livestock production;
  • The President is directed to provide the Congress with a comprehensive report describing in detail all federal agency funding of domestic and foreign climate change programs for fiscal years 2014 and 2015;
  • There will be no greenhouse gas reporting requirements for emissions from manure management programs;
  • Any projects financed by grants for state projects financed by funds from the Safe Drinking Water Act will use American iron and steel products; and
  • No funds may be used to regulate the lead content of ammunition or fishing tackle under Toxic Substance Control Act or any other law.