Channing Martin

Channing Martin

Williams Mullen

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Feds Renew Focus on Worker Safety and Individual Accountability

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

5/20/2016 - Convictions Deepwater Horizon DOJ DOL Environmental Crimes Explosions Individual Accountability Mining Prison Yates Memorandum

Selling Property “As Is” Won’t Protect Seller From Superfund Liability

Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more

3/17/2016 - Buyers CERCLA Contaminated Properties Environmental Liability Environmental Remediation Costs Indemnification Clauses Real Estate Transfers Sellers Superfund

Environmental Notes - February 2016

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

2/18/2016 - CERCLA Clean Power Plan Clean Water Act Duke Energy EPA Hazardous Waste Justice Scalia Order to Stay Permits SCOTUS Storm Water Pollution Prevention Plan US Fish and Wildlife Service Waste Management

Supreme Court Blocks Clean Power Plan, But Scalia’s Death Changes Outlook on Ultimate Fate

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

2/17/2016 - Clean Air Act Clean Power Plan EPA Greenhouse Gas Emissions Justice Scalia Order to Stay SCOTUS

Developers Dodge Bullet with Northern Long-Eared Bat

Developers have to deal with a number of environmental issues. These include stormwater management and potential impacts to wetlands, historic resources, and threatened and endangered species. The northern long-eared bat is...more

2/17/2016 - Endangered Species Act (ESA) Incidental Take Permits Land Developers US Army Corps of Engineers US Fish and Wildlife Service

Environmental Notes - January 2016

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

1/15/2016 - CERCLA Clean Water Act EPA Hazardous Waste OSHA Process Safety Management Sierra Club Water Resources Control Board Watershed

How Should You Respond to EPA Information Requests? Very Carefully.

You're looking through your mail one morning when you see it: a certified letter from EPA. The letter requests information about your company's operations over the last 20 years. It includes paragraph-after-paragraph of...more

1/14/2016 - CERCLA EPA Hazardous Waste Information Requests Superfund

EPA Updates UST Rules

EPA has issued a final rule applicable to new and existing underground storage tanks (“USTs”). The rule is the first significant amendment to EPA’s 1988 UST regulations. Here are some of the highlights....more

11/16/2015 - EPA Final Rules Underground Storage Tanks

New Ozone Standard: Better Than it Could Have Been, But Creates Uncertainty for Industry

EPA has issued a final rule tightening the primary ozone national ambient air quality standard (“NAAQS”) down to 70 ppb from the 75 ppb limit established in 2008. The new NAAQS takes effect on December 28, 2015 (despite the...more

11/16/2015 - Economic Development EPA Final Rules NAAQS Ozone

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

10/28/2015 - Barack Obama CERCLA Clean Air Act Clean Water Rule Customs and Border Protection Enforcement Actions EPA EPCRA Hazardous Waste Importers Imports Proposed Amendments RCRA Toxic Substances Control Act (TSCA) U.S. Customs US Army Corps of Engineers Waste Management Waters of the United States

Clean Water Rule Gets Doused

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

10/27/2015 - Barack Obama Clean Water Rule EPA Federal Jurisdiction Preliminary Injunctions Rulemaking Process US Army Corps of Engineers Waters of the United States

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

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