News & Analysis as of

Hazardous Substances Air Pollution

Court Orders EPA to Promulgate Air Toxics Standards: A Taste of What’s to Come?

On March 22, 2017, federal Judge Christopher Cooper ordered EPA to promulgate emissions standards for 13 sources of hazardous air pollutants by June 30, 2020. EPA admitted that it missed statutory deadlines to do so; the...more

D.C. Circuit Upholds Boiler MACT

by Williams Mullen on

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

by Morrison & Foerster LLP on

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

California Environmental Law & Policy Update - July 2016 #5

by Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

by Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Clearing the CERCLA Air: Ninth Circuit Holds Air Emissions Are Not Disposal

by Beveridge & Diamond PC on

In a case of first impression, this week, the Ninth Circuit Court of Appeals held that the owner of a Canadian smelter was not liable as a person who “arranged for disposal” of hazardous substances when it emitted those...more

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

Proposed Rule Adding Vapor Intrusion Component to Hazard Ranking System Published in the Federal Register Today

Yesterday the U.S. Environmental Protection Agency published a proposed rule in the Federal Register which would add a vapor intrusion component to the Hazard Ranking System, the system EPA uses to evaluate sites for...more

EPA’s New Refinery Rule—Next Generation Compliance in Action

by McDermott Will & Emery on

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

EPA Issues Final Amendments to Cement Kiln NESHAP

by Williams Mullen on

Effective July 27, 2015, EPA amended key components of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for new and existing portland cement kilns. The changes, in part, were necessary to comply with a...more

Supreme Court Tells EPA Cost Does Matter

by Lewitt Hackman on

The Environmental Protection Agency's Mercury and Air Toxics Standards (MATS) placed national limits on mercury and other toxic emissions from power plants. The agency projected MATS to prevent 11,000 premature deaths, 4,700...more

New York Finalizes Updates to Regulation of Hazardous Air Pollutants

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) recently finalized amendments to several regulations primarily concerning hazardous air pollutants. NYSDEC repealed and replaced 6 NYCRR Part 212, Process...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

by Pierce Atwood LLP on

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

Insurance Recovery Law - Jun 2014 #2

Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit - Why it matters: In answering certified questions from the Ninth Circuit, Nevada joined...more

Insurance Coverage Newslettter: Transport Inc. v. Superior Court

by Low, Ball & Lynch on

Vulcan Materials Corp. manufactured and sold PCE, a pollutant used by dry cleaners. R.R. Street & Co. was a distributor for Vulcan, and an additional insured under an umbrella policy issued by Transport Insurance to Vulcan....more

Federal Court Of Appeals Strikes Down A Portion Of The EPA’s Rule Limiting A Court’s Authority For Imposing Civil Fines For...

by Burr & Forman on

Federal Court of Appeals strikes down a portion of the EPA’s rule limiting a Court’s authority for imposing civil fines for equipment failures. While upholding portions of EPA’s new rules for air toxic emissions for cement...more

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

by Miller Starr Regalia on

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

Draft Of Model Silica Sand Mining Regulations Released By Minnesota Environmental Quality Board

by Stoel Rives LLP on

On December 13, the Minnesota Environmental Quality Board (EQB) - in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and the Minnesota Pollution Control Agency...more

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

by Cozen O'Connor on

In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

by Stoel Rives LLP on

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

Bay Area Air District’s Significance Thresholds Reinstated: No CEQA Review for CEQA Review Thresholds

A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial “significance thresholds” for evaluating air quality impacts under the California Environmental Quality Act. ...more

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

by Pierce Atwood LLP on

After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more

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