PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
PFAS in Focus: Wastewater Utility Perspectives From Jay Hoskins, Metropolitan St. Louis Sewer District - Reflections on Water Podcast
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more
Two individuals filed a Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“Board”) challenging an Underground Injection Control (“UIC”) Class II-D...more
The United States Pipeline and Hazardous Materials Administration (“PHMSA”) published in the April 10th Federal Register final rules amending the Hazardous Materials Regulations (“HMR”). See 89 Fed. Reg. 25434....more
Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and...more
The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more
The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule...more
Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 8th letter a request for clarification of the Hazardous Materials Regulation (“HMR”) in terms of applicability to a Portable Emission...more
On May 4, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a long-awaited notice of proposed rulemaking (NOPR) titled “Pipeline Safety: Gas Leak Detection...more
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 4th Interpretive Response a question regarding applicability of the Hazardous Materials Regulations (“HMR”) to: …...more
On July 8, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of regulatory enforcement discretion for particular gathering lines. Gathering lines are those pipelines that transport gas...more
Biden to crack down on polluters in poor and minority communities Bullet Associated Press - May 5 The Biden administration on Thursday announced a wide-ranging enforcement strategy aimed at holding industrial polluters...more
Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more
Climate change threatens nearly one third of U.S. hazardous chemical facilities - NPR – March 2 - Nearly one third of the hazardous chemical facilities in the United States, including many sites in California, are at...more
Supreme Court to weigh limits on reach of Clean Water Act - Associated Press – January 25 - The U.S. Supreme Court agreed on Monday to hear an appeal that will test the limits of federal jurisdiction under the Clean...more
On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 19th letter the application of the federal Hazardous Materials Regulations (“HMR”) to: . . . a driver transporting...more
The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an April 13th letter addressing a request for clarification of the Hazardous Materials Regulations (“HMR”)...more
Bill targeting PFAS and PFOS chemicals reintroduced in House - Courthouse News Service – April 13 - On Tuesday, the bipartisan PFAS Action Act was introduced for the second time in the U.S. House of Representatives,...more
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published in the November 4th Federal Register a set of draft Frequently Asked Questions (“FAQs”) addressing federal oversight of midstream processing...more
The California Office of the State Fire Marshal (“OSFM”) finalized its regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines, effective October 1, 2020. The proposed...more
DEEP does not currently have regulations in place governing release/spill reporting. The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported. Those have...more