Environmental Policies

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Substantive Dispute over Land Application of Biosolids Remains Unresolved

Form over substance continues to obscure the substantive issue presented in the case of the City of Los Angeles (City) vs. Kern County (County). At its core, the dispute involves the land application of biosolids. Biosolids...more

A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

Carbon and Climate Continue to Create Controversy

Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

Proposed MAEAP Rules Narrow “Right to Farm” Protection

Proposed rule changes in the Michigan Agricultural Environmental Assurance Program (MAEAP) have excluded some farmers from MAEAP verification and protection....more

House Passes Bill to Prevent EPA Overreach

The U.S. House of Representatives recently passed legislation prohibiting the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from developing, finalizing, adopting, implementing, applying,...more

Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more

EOEEA Releases Draft Ocean Management Plan Update: Now with Fees

The Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA) recently released for public review and comment a draft update to the Ocean Management Plan for the Commonwealth. The Oceans Act, signed by...more

Governor Signs New Laws Amending California's Urban Water Management Planning Act

July 1, 2016 Set as Deadline for Preparing New Plans - Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water...more

ML Strategies Energy & Environment Update: Week of 9/23/2014

Energy and Climate Debate - Congress has recessed until after the November elections, and we turn our attention this week to energy and climate issues on the Administration and international fronts....more

China’s Pollution Woes Trigger a New Environment for Manufacturers in China

The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory standards are in place, but access to, enforcement and...more

ECOS Releases “Waters of the U.S.” Paper

On September 15, the Environmental Council of the States (ECOS) released a paper produced by the American College of Environmental Lawyers (ACOEL) on the new “waters of the U.S.” rules proposed by EPA and the Army Corps of...more

CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath a Sigh of Relief

In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site in...more

CEQA Reform in the Courts – Public Agency Can Recover Costs Despite Petitioner's Election

After Governor Brown took office for the second time, CEQA reform through the Legislature seemed like a distinct possibility. While that possibility has all but evaporated, recent rulings suggest that courts are taking a...more

Ohio EPA Voluntary Action Program Update

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate...

In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax the entire $64,144 cost...more

Aboveground Storage Tank Act Rough Draft Emergency Rule Out for Comment

Late Thursday afternoon, the West Virginia Department of Environmental Protection (“DEP”) published on its website what it characterizes as a “rough draft” of its forthcoming emergency rule (the “Draft Rule”), which is 79...more

California DTSC Releases Draft Initial Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under SCPR. The Regulations require that DTSC, by October 2014,...more

California Acts to Manage Statewide Groundwater Issues

Faced with record drought and depleted groundwater supplies statewide, the California Legislature has enacted, and Governor Brown on September 16 signed, new legislation designed to move statewide groundwater management...more

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more

Draft DTSC Work Plan Signals Expansion of California Green Chemistry Initiative

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

EPA Releases Clean Water Act Final 2012 And Preliminary 2014 Effluent Guidelines Program Plans

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014...more

Environmental and Energy: NYSDEC Proposes Revisions to Petroleum Bulk Storage, Used Oil and Chemical Bulk Storage Regulations...

The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public...more

China Update - September 2014

In This Issue: - U.S-China Relations - Chinese Embassy News - Energy & Environment - Trade - Excerpt from U.S.-China Relations: Ambassador Baucus Remarks on Corruption: On August 15,...more

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