News & Analysis as of

Department of Environmental Quality

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

Hazardous Waste Transporters Beware!

by Davis Wright Tremaine LLP on

The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste...more

Sea Change: Washington Supreme Court Decision Affects Coastal Energy Projects

by K&L Gates LLP on

The Washington State Supreme Court recently held that two oil terminal facility expansion projects, near coastal waters in Washington State, are subject to review under the Ocean Resources Management Act (ORMA). ORMA requires...more

Oregon DEQ to Review Sites with Long-Term Controls

The Oregon Department of Environmental Quality (“DEQ”) announced that in March 2017, it will launch a pilot program to take a second look at 25-30 randomly selected sites that received a No Further Action (“NFA”)...more

Arizona Tests for Lead in School Drinking Water Reveal Elevated Levels

by Snell & Wilmer on

The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its...more

Houston Court of Appeals Affirms Jury Verdict and Trial Court Instructions in San Jacinto Waste Pits Case

In a decision released on October 6, 2016, the Court of Appeals for the First District of Texas, sitting in Houston, unanimously affirmed the jury’s verdict that International Paper Company (IP) was not liable for large...more

Virginia DEQ Proposes to Amend its Enforcement Manual

by Williams Mullen on

Virginia’s Department of Environmental Quality (“DEQ”) plans to amend key portions of its enforcement manual (the “Manual”). The Manual details key enforcement policies of the agency and is used by DEQ to guide almost every...more

Louisiana Flooding – Legal Update

by Liskow & Lewis on

The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts...more

Virginia DEQ to Revise Risk Assessment Protocols

by Williams Mullen on

The Virginia Department of Environmental Quality (“DEQ”) is preparing to implement revised risk assessment protocols for many of its site cleanup programs. DEQ’s new approach is called the Virginia Unified Risk Assessment...more

Environmental Notes - August 2016

by Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

California Environmental Law & Policy Update - August 2016

by Allen Matkins on

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...more

Texas Adopts EPA's Definition of Solid Waste Rule and E-Manifest Requirements

by Bracewell LLP on

On June 10, 2016, the Texas Commission on Environmental Quality (“TCEQ”) adopted amendments to its statewide hazardous waste rules to incorporate changes made by the U.S. Environmental Protection Agency (“EPA”) to the federal...more

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

by Williams Mullen on

Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Environmental Notes - May 2016

by Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

by Snell & Wilmer on

On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more

North Carolina General Assembly Week in Review: Spotlight on Government, Regulatory and Agriculture Reform

by McGuireWoods LLP on

This session the NCGA passed four major bills dealing with Government, Regulatory and Agriculture Reform. State attractions were transferred from the Department of Environment and Natural Resources tthe Department of Cultural...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

RFA Responds To Oregon’s Proposal To Use ILUC Emissions Under CFP

by Bergeson & Campbell, P.C. on

On September 15, 2015, Oregon's Department of Environmental Quality (DEQ) proposed using hypothetical indirect land use change (ILUC) emissions while calculating the carbon intensity of biofuels under the Clean Fuels Program...more

EPA nixes state exemptions on excess CAA emissions

by McAfee & Taft on

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

DEQ Announces CAFO Permit Change to Protect Michigan Surface Waters

by Varnum LLP on

On May 4, 2015, Michigan's Department of Environmental Quality (DEQ) announced a change to its Concentrated Animal Feeding Operations (CAFO) discharge permits in an effort to better protect the environment and Michigan's...more

Environmental Notes - May 2015

by Williams Mullen on

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

DEQ Proposes Wetland General Permit For Blueberry Farming, Public Comment Period Now Open

by Varnum LLP on

On December 30, 2013, the Michigan Department of Environmental Quality ("DEQ") publicly noticed a proposed general permit category for activities in wetlands. The activity involves blueberry farming and it -- at long-last --...more

Can We Please Talk About Outcomes for a Change???

by Davis Wright Tremaine LLP on

I get it that environmental groups place strict compliance with regulatory controls at a premium. After all, the standards are designed to be protective of the resource, and they are The Law, which must be obeyed....more

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Miller Canfield on

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

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