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General Business Zoning, Planning & Land Use Environmental

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

You Can’t Do That! DC Circuit Vacates EPA’s HFCs Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

by Williams Mullen on

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

Chemical Safety Rule Delay Challenged in D.C. Circuit

by Burr & Forman on

Attorneys General for eleven states filed a challenge in the U.S. Circuit Court of Appeals for the District of Columbia seeking to vacate a recently announced 2-year delay in implementation of chemical safety rules. ...more

TSCA Implementation Update: EPA Finalizes Framework Rules and Announces Scope For First Risk Evaluations

TSCA Framework Rules Promulgated - As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those...more

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

by Best Best & Krieger LLP on

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations...more

Limited Time Remaining To Help Shape Maryland's Nutrient Trading Program

by Ballard Spahr LLP on

There are only a few weeks left for the public to comment on the Maryland Department of the Environment’s (MDE) recently issued draft regulations establishing Maryland’s Water Quality Nutrient and Sediment Trading and Offset...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

Safety, Health and Environment Matters - Spring 2017

by DLA Piper on

Shortly before this edition of SHE Matters went to press, the latest developments occurred in the long-running litigation between Client Earth and Government over air quality in the UK, excessive ambient levels of nitrogen...more

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

Well-being of Future Generations (Wales) Act 2015 and the Public Trust Doctrine: What Can We Expect?

by Latham & Watkins LLP on

The public trust doctrine is the principle that certain natural and cultural assets are preserved for public use and that it is the government’s obligation to protect and regulate these, both now and for future generations....more

Clock is Ticking on TSCA Inventory Reset - EPA to issue final rule in coming weeks that imposes sweeping new notification...

The 2016 amendments to the Toxic Substances Control Act (TSCA or the Act), modified Section 8(b) of the statute to require the United States Environmental Protection Agency (EPA) to designate each chemical substance on the...more

District Court Confirms Arbitral Award Against Venezuela In Dispute Over Gold Deposits Contract

by Carlton Fields on

A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp. against Venezuela after the country’s Ministry of Environment denied a necessary permit...more

Local Government in the Crosshairs

by Best Best & Krieger LLP on

While Washington’s promise of a trillion dollar infrastructure program is providing a distraction, a closer examination reveals localities and local infrastructure are under attack across the board. The assault on local...more

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

Be Prepared for California’s Environmental Rules: Regulated Cannabis Brings Forth New Water Use Guidelines

Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

EPA Publishes New TSCA Framework Rules

by Pepper Hamilton LLP on

The revised Toxic Substances Control Act (TSCA) was enacted in June 2016. TSCA requires the U.S. Environmental Protection Agency (EPA) to finalize several “framework” rules by June 2017. Recently, EPA published three of these...more

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

by Perkins Coie on

On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

EPA Proposes To Tighten MACT Limits For Kraft Mills

by Pierce Atwood LLP on

On December 14, 2016, EPA signed its proposed Kraft Pulp Residual Risk and Technology Review rule covering 40 C.F.R. Part 63, Subpart MM (a.k.a. “MACT II”) for recovery furnaces, lime kilns and smelt dissolving tanks at kraft...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

by Nossaman LLP on

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

EPA Updates Penalty Calculation Guidance for Industrial Stormwater Discharges

On September 8, the EPA published Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements. This new guidance applies only to stormwater...more

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

by Carlton Fields on

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both...more

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