On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more
Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more
Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more
The Supreme Court of Alabama (“SCt”) addressed in a November 6th Opinion a challenge to certain Alabama Department of Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Ex Parte Lance R. Lefleur,...more
The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more
The United States Environmental Protection Agency (“EPA”) approved the Georgia Environmental Protection Division’s partial Coal Combustion Residuals (“CCR”) state permit program on January 10th. EPA approved the Georgia...more
A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more
In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash...more
The United States Environmental Protection Agency (“EPA”) published an August 22nd Federal Register Act notice granting a petition to exclude (“delist”) hazardous waste generated by a particular facility from the Resource...more
The U.S. Court of Appeals for the District of Columbia Circuit, on August 21, 2018, vacated much of U.S. EPA’s final rule regulating the disposal of “coal combustion residuals” (CCR) at coal-fired power plants. The ruling has...more
The United States Environmental Protection Agency (“EPA”) announced on June 18th that it was approving the State of Oklahoma’s application to operate a permit program for disposal of coal combustion residuals (“CCRs”) in...more
A United States District Court (Northern District Oklahoma) addressed in a March 21st opinion procedural issues associated with a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Krause v. General...more
Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand...more
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous...more