Channing Martin

Channing Martin

Williams Mullen

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Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

8/26/2015 - Appeals Chamber of Commerce Clean Water Act Clean Water Rule EPA Navigable Waters Rapanos v US Real Estate Development SCOTUS Section 404 US Army Corps of Engineers Waters of the United States Wetlands

EPA Finalizes Clean Power Plan: Now What?

President Obama unveiled on August 3 what has been billed as the Administration’s biggest initiative yet to regulate carbon emissions. Although the final regulations that form the Clean Power Plan are ostensibly aimed at...more

8/11/2015 - Barack Obama Carbon Emissions Clean Power Plan Energy Policy Energy Sector Legislative Agendas Power Plants

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

7/21/2015 - Arsenic Chesapeake Bay Clean Water Act Clean Water Rule DOJ EPA Farm Bureau Farms Form R MATS Michigan v. EPA Mining OSHA Power Plants Toxic Chemicals US Army Corps of Engineers Vapor Intrusion Guidance

EPA Issues Vapor Intrusion Guidance

Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more

7/10/2015 - ASTM Environmental Site Assessment EPA OSHA Underground Storage Tanks Vapor Intrusion Vapor Intrusion Guidance

Environmental Notes - June 2015

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

6/15/2015 - CERCLA Clean Air Act Clean Water Act EPA Final Rules Hazardous Waste Manufacturers NAAQS Ozone Proposed Regulation RCRA Reporting Requirements Sierra Club Toxic Chemicals US Army Corps of Engineers Waste Disposal

EPA and Corps Define “Waters of The United States”

EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by...more

6/11/2015 - Clean Water Act EPA Federal Jurisdiction Final Rules Jurisdiction Legislative Agendas US Army Corps of Engineers Waters of the United States

EPA Issues SIP Call to Eliminate SSM Defense

EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more

6/11/2015 - Affirmative Defenses Clean Air Act Compliance Defense Strategies EPA Final Rules Greenhouse Gas Emissions Sierra Club SIP SSM Periods

Environmental Notes - April 2015

- In this Issue: - TSCA Reporting: Violations May Never Lapse, But Corroborative Information Is Better Understood - South Carolina Generator Inspection Schedule Increases - Frequent Questions: Form R -...more

4/17/2015

Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172,...more

4/8/2014 - Environmental Policies

Virginia Environmental Regulatory Developments (January 2014)

STATE AIR POLLUTION CONTROL BOARD - A. Final Regulations 1. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410). Statutory Authority: § 10.1-1308 of the Code of...more

2/24/2014 - Air Pollution Air Quality Standards Environmental Policies Pollution Control Pollution Control Board

Waste Board Amends VRP Regulations: What’s Changed?

The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014. All sites now in the VRP...more

2/24/2014 - Contaminated Properties Environmental Review Remediation

EPA Issues Final Rule Adopting New ASTM Phase I Standard

On December 30, 2013, EPA issued a final rule to amend its “All Appropriate Inquiries” Rule (AAI Rule) that sets forth the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental...more

1/7/2014 - ASTM CERCLA Environmental Assessments Environmental Policies EPA

Virginia Environmental Regulatory Developments (December 2013)

The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and...more

1/7/2014 - Environmental Policies Environmental Review Water Water Quality Control Boards

Virginia Environmental Regulatory Developments (November 2013)

STATE AIR POLLUTION CONTROL BOARD - A. Proposed Regulations - 1. 9VAC5-130. Regulation for Open Burning (Rev. E12) (amending 9VAC5-130-10 through 9VAC5-130-50, 9VAC5-130-100; repealing 9VAC5-130-60)....more

12/17/2013 - Air Pollution Permits Pollution Control Board Proposed Regulation

Northeastern States Seek to Force Upwind States to Join the Ozone Transport Region

Stating that they “face pervasive ozone nonattainment problems,” eight Northeastern states on December 9, 2013 petitioned the U.S. Environmental Protection Agency (“EPA”) to add nine upwind states to the Ozone Transport...more

12/17/2013 - Air Pollution Clean Air Act EPA

Proposed Amendments to VSMP Regulations Would Move Goal Posts

The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more

11/20/2013 - Environmental Policies Storm Water Water

Virginia Environmental Regulatory Developments (October 2013)

The amendment revises the definition of volatile organic compound (VOC) to add trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of substances not considered to be VOCs. The amendment comports with the...more

11/20/2013 - Chemicals Environmental Policies EPA VOC Waste Disposal Water

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