A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol...more
The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA’s rules on Significant Monitoring Concentrations (“SMCs”), as well as some (the Prevention of Significant Deterioration (“PSD”)...more
Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean...more
On Wednesday, in Alabama Environmental Council v. EPA, the Fifth Circuit Court of Appeals rejected EPA’s 2011 disapproval of Alabama’s opacity regulation. The case involves relatively obscure provisions of the Clean Air Act,...more
In its massive new industrial boiler rules (issued January 31, 2013), EPA singled out “manufacturers of motor vehicle parts and accessories” as one of the most affected industry types. On February 7, 2013, EPA issued a new...more
In Sierra Club v. Environmental Protection Agency, 2013 U.S. App. LEXIS 1408 (D.C. Cir. Jan. 22, 2013), the District of Columbia Circuit Court of Appeals issued a decision that is likely to have a significant impact on...more
On January 15, 2013, the U.S. Environmental Protection Agency (EPA) finalized revisions to standards to reduce air pollution from stationary engines that generate electricity and power equipment at industrial, agricultural,...more
During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more
It’s almost never easy to fathom federal environmental regulations and this held true when a set of regulations was recently issued by the U.S. EPA. On December 20, 2012, the Agency issued a series of rules, primarily under...more
Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more
On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in Natural Resources Defense Council v. EPA, No. 08-1250, that the U.S. Environmental Protection Agency (EPA) had improperly promulgated...more
In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA’s rules governing “significant impact levels” and “significant monitoring concentrations” for determining PSD permitting...more
On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of...more
Communications Law: The Relentless Pursuit of Broadband Competition - As the Obama administration enters its second term, the Federal Communications Commission (FCC or Commission) is one of many federal agencies likely...more
New York, Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, and Vermont recently sent EPA Administrator Jackson a Clean Air Act Notice of Intent to Sue based on the Agency’s failure to take certain actions...more
Three Tennessee men have been sentenced to a combined total of more than seven years in prison for Clean Air Act and other violations related to a demolition project. ...more
In This Issue: Environmental and Policy Focus - High court to hear case on Port of L.A.'s Clean Truck Program; NRC chief says San Onofre plant won't reopen until its safety is certain; Ranchers sue to prevent federal...more
In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more
On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more
On December 11, 2012, a group of seven states led by New York Attorney General Eric T. Schneidermann notified the U.S. Environmental Protection Agency (EPA) of their intent to sue the agency....more
Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more
In This Issue: Environmental and Policy Focus California oil land auction draws widespread criticism; New air pollution standards restrict soot particles; Air Resources Board approves carbon offset registries; EPA...more
In 2012, industry observers began to see a divergence in production activity in the Marcellus and Utica Shale region. Producers with liquids-rich holdings began to divert rigs from the dry gas areas to the Utica and western...more
In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more
Even a cursory review of relevant news stories today reveals that hydraulic fracturing (“fracking”) is one of the most hotly debated subjects in the energy sector. Both environmentalists and regulators are keeping concerns...more
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