The Ninth Circuit has affirmed the dismissal of claims by environmental groups attempting to characterize air emissions from California railyards as “disposal” of waste under the Resource Conservation and Recovery Act (RCRA)....more
A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more
Yesterday, EPA released its much-anticipated proposal for reducing greenhouse gas emissions from existing fossil fuel-fired power plants. In its proposed rule, EPA proposes “state-specific rate-based goals for carbon dioxide...more
The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more
The D.C. Circuit added to federal air quality regulators’ winning streak on Friday, upholding a 2013 rule that revises air quality standards for fine particulate matter. The rule lowers the National Ambient Air Quality...more
The immediate impact of the U.S. Supreme Court's decision in EPA v. EME Homer City Generation LP, 2014 DJDAR (April 29, 5327), is that most power plants in the eastern half of the U.S. will face tighter limits on air...more
The Supreme Court has upheld EPA regulations requiring reductions in SO2, NOx, and fine particle emissions in 28 states stretching from Texas to New York.
The regulations, known as the “Cross-State Air Pollution Rule” or...more
In a unanimous ruling issued on April 18, the D.C. Circuit largely upheld EPA regulations governing emissions of toxic air pollutants from Portland cement plants, while vacating a provision that created an affirmative defense...more
The D.C. Circuit has upheld a 2012 EPA rule limiting air toxics emissions from coal- and oil-fired power plants. The rule, commonly known as the Mercury and Air Toxics Standards, or “MATS,” requires new and existing coal-...more
For decades, commentators have warned that California’s discovery rule exception has been swallowing statutes of limitations. See, e.g., Stephen V. O'Neil, Accrual of Statutes of Limitations: California's Discovery Exceptions...more
On October 28, 2013, the states of California, Oregon, and Washington joined with the Canadian province of British Columbia to sign a regional agreement that promises to coordinate long-term climate policy, including the...more
Earlier today, the Supreme Court announced that it would review the EPA’s decision to regulate greenhouse gas emissions from stationary sources such as power plants and industrial facilities.
The Court granted certiorari...more
California cities and counties have acquired a powerful new tool to clean up contaminated “brownfields” sites. On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, legislation that gives local government agencies in the...more
The California Air Resources Board (CARB) has released a discussion draft of the First Update of California’s Climate Change Scoping Plan for public review and comment....more