News & Analysis as of

Department of Environmental Protection

Article I, Section 27 Rights Strengthened In Recent PA Supreme Court Decision

by Fox Rothschild LLP on

In a majority decision issued June 20, 2017, with a complement of new Justices, the Pennsylvania Supreme Court issued a ruling placing further emphasis on the importance of Article I, Section 27 of the PA Constitution. The...more

EPA Reconsidering Obama-Era Water Quality Standards It Set for Maine

by PretiFlaherty on

On May 12, 2017, Maine’s U.S. District Court granted a request by the U.S. Environmental Protection Agency (“EPA”) for a 90-day stay in a suit by the State of Maine challenging EPA’s efforts to impose stricter water quality...more

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Stretching Sovereign Immunity: The New Jersey High Court Immunizes the State from New Jersey Spill Act Liability for Pre-1977...

by Blank Rome LLP on

Action Item: The New Jersey Supreme Court’s decision in NL Industries, Inc. v. State of New Jersey will frustrate the equitable allocation of cleanup costs at sites involving pre-1977 discharges where the State would...more

Policyholders Win Again: The New Jersey Supreme Court Voids Insurance Policy Anti-Assignment Clauses in Occurrence-Based Insurance...

by K&L Gates LLP on

The New Jersey Supreme Court recently affirmed the Appellate Division’s decision in Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., finding that an anti-assignment clause in an occurrence-based insurance policy does not...more

Maine DEP Marches Toward Rulemaking on its Wind Energy Standards Rule

by Pierce Atwood LLP on

Expecting to initiate a formal rulemaking in March of this year, the Maine Department of Environmental Protection (DEP) invited final public comment on its pre-rulemaking draft Wind Energy Standards rule at a workshop held on...more

Commonwealth Court Rejects DEP’s Interpretation of The Clean Streams Law

On January 11, the Commonwealth Court of Pennsylvania decided the case of EQT Production Company v. Department of Environmental Protection of the Commonwealth of Pennsylvania, and granted EQT Production Company’s (EQT)...more

Stop the Presses: NPDES Permitees Must Comply With Their Permits

Earlier this month, the 4th Circuit Court of Appeals concluded that NPDES permit holders must comply with all of the terms of their permits. I’m not sure why this should be earthshattering news, but the case does have some...more

Pennsylvania Court Issues Groundbreaking Decision Limiting the Government’s Ability to Assess Penalties for Alleged “Continuing...

by Saul Ewing LLP on

The Pennsylvania Commonwealth Court has ruled that once an unpermitted discharge ceases, violations under The Clean Streams Law cease, even when pollution continues to persist in waters of the Commonwealth. While this places...more

Maine Board of Environmental Protection Unanimously Adopts Metallic Mineral Mining Rules

by Pierce Atwood LLP on

On January 5th, the Maine Board of Environmental Protection (Board) unanimously voted to repeal existing Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining rules and adopt new Chapter 200 rules to...more

Recently Proposed Pollution Notice Rule Struck as Invalid

The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

Maine DEP's New Multi-Sector General Permit

by Pierce Atwood LLP on

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice

by Cole Schotz on

Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with...more

Pennsylvania Commonwealth Court Enjoins Selected Provisions of Recently-Promulgated Oil and Natural Gas Regulations

On November 8, 2016, the Pennsylvania Commonwealth Court issued an opinion (78a Injunction) enjoining eight provisions (or portions thereof) of the newly-promulgated unconventional oil and natural gas regulations found at 25...more

ICYMI: Energy & Environmental News Round-up

Oil & Gas - New Oil and Gas Emission Control Guidelines Posted - On Thursday, October 20, 2016, EPA published emission control techniques guidelines for the oil and gas industry regarding reducing smog-forming...more

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in...

by Akerman LLP on

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for...more

New Florida Pollution Incident Reporting Rule

by Fowler White Burnett, P.A. on

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the...more

Court “Un-Laches” Backdoor Defense to Spill Act?

by Cole Schotz on

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more

Unconventional Natural Gas Operators – What You Need to Know about New Deadlines and Reporting Requirements under Pennsylvania’s...

Final environmental regulations for unconventional natural gas wells (Chapter 78a Regulations) were published in the Pennsylvania Bulletin (Bulletin) and immediately enforceable on October 8, 2016. The Chapter 78a Regulations...more

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

by Pepper Hamilton LLP on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Robinson Township v. Commonwealth – Is Any of Act 13 Left?

The Pennsylvania Supreme Court struck four additional portions of Act 13 of 2012 in its much anticipated second decision in the Robinson Twp. v. Com. litigation (Robinson IV) on September 28, 2016. While the decision and its...more

We Meant What We Said: Pa. Supreme Court Issues Latest Decision in Robinson Township

by Saul Ewing LLP on

On September 28, 2016, the Pennsylvania Supreme Court issued its latest decision in Robinson Township v. Commonwealth. Link to decision HA Doc. 241394 This latest iteration of Robinson Township (referred to by the Court as...more

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

Pennsylvania Federal Court Decides a Novel CERCLA Issue: When Is the Current Owner Not the Current Owner?

by Davis Wright Tremaine LLP on

The U.S. District Court for the Eastern District of Pennsylvania issued a decision on an aspect of CERCLA for which it found almost no prior court precedent – the temporal aspect of the term “current owner or operator” –...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

131 Results
|
View per page
Page: of 6
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.