Thomas Echikson

Thomas Echikson

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Quick Take On EME Homer

The Supreme Court yesterday issued an important Clean Air Act decision in the EPA v. EME Homer Generation case, reversing the D.C. Circuit. No doubt hundreds of blogposts and newsletters will be written about the case, but I...more

4/30/2014 - Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS

Post-Construction Stormwater Controls

My last post focused on EPA’s effective denials of three petitions asking the Agency to require broad groups of industrial, commercial and institutional facilities to obtain stormwater permits. Those petitions argued that the...more

4/29/2014 - Construction Permits EPA Storm Water TMDL

EPA’s Residual Permitting Authority

Continuing on the stormwater theme I began in my last post, the next topic I intend to cover is EPA’s so-called “residual” authority under the Clean Water Act. The statute specifically requires stormwater permits for...more

4/9/2014 - Clean Water Act Environmental Policies EPA Industrial Stormwater Rule Storm Water

Regulating Stormwater – The Never Ending Saga

As you could probably tell from the number of posts I’ve written on the subject, stormwater fascinates me. Not that I particularly like rain or snow (particularly after this winter!). But, as an environmental concern and...more

4/1/2014 - Environmental Policies EPA Storm Water

Retailers: It’s Time To Check How Your Stores Manage Their Waste

If you’re a retailer, it’s a good time to assess your system for tracking and managing hazardous waste. Think you don’t generate any? Think again. Those aerosol cans, product returns from customers, old pharmaceuticals and...more

3/7/2014 - Environmental Liability Environmental Policies EPA RCRA Retailers Waste Waste Disposal

Flood Of Decisions Washes Away EPA Permits On Stormwater

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and...more

3/3/2014 - Clean Water Act Discharge of Pollutants Environmental Policies EPA Storm Water Water

Do You Need To Permit Your Stormwater Discharge?

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System (NPDES) in the 1972 Clean Water Act. Yet, confusion remains about which activities and discharges actually require...more

1/15/2014 - Clean Water Act Decker Discharge of Pollutants Industrial Stormwater Rule Logging NPDES Permits PG&E Railways SCOTUS Sierra Club Storm Water

Is EPA’s “Next Generation Compliance” A Paradigm Shift In Environmental Enforcement?

Over the last several years, EPA has been touting its “Next Generation Compliance” initiative. Sounds great, but what does it mean, and will it change EPA’s enforcement approach? While it’s too soon to make a final judgment,...more

11/18/2013 - EPA Greenhouse Gas Emissions Next Generation Pollution Control

What You Need To Know About EPA’s New Stormwater Permit

In late September, just before the government shutdown, EPA released its draft “Multi-Sector General Permit” (MSGP) for stormwater discharges from industrial sources. The MSGP is important for two reasons. First, it is the...more

10/28/2013 - Discharge of Pollutants EPA Industrial Discharges Mining Permits Storm Water

DOE Boldly Goes Where It’s Not Allowed

In an astonishing display of chutzpah, the Department of Energy has proposed to regulate computer servers as “consumer products” (link). Only in a bureaucrat’s mind could a computer server be considered a consumer product...more

7/16/2013 - Computer Servers Consumer Product Safety Act DOE Energy Standards EPCA

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