Pollution Control

News & Analysis as of

Ohio Imposes New Fugitive Emissions Rules on Horizontal Drillers

The Ohio Environmental Protection Agency (OEPA) has announced new requirements for horizontal drillers aimed at reducing air pollution from so-called “fugitive emissions,” which are generally caused by leaking valves or...more

Virginia Environmental Regulatory Developments (January 2014)

STATE AIR POLLUTION CONTROL BOARD - A. Final Regulations 1. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410). Statutory Authority: § 10.1-1308 of the Code of...more

Cooperative Federalism Is Even Messier Than We Thought: 21 States Oppose the Chesapeake Bay TMDL

Last fall, the District Court for the Middle District of Pennsylvania affirmed EPA’s TMDL for the Chesapeake Bay. As I noted at the time, Judge Rambo pointed to the sometimes “messy and cumbersome” nature of cooperative...more

REsource - Winter 2013/2014

In This Issue: Bringing Non-U.S. Capital Into (and Back Out of) U.S. Real Estate; A Wider Play of Shale: A Hydraulic Fracturing Primer; California Clears Way for Pollution Clean-Up with AB 440; and Which Way is the...more

D.C. Circuit Grants Rehearing in Clean Air Act Case

On December 11, a D.C. Circuit panel (Tatel, Brown, Griffith) granted in part environmental and state petitions for rehearing in Mississippi v. EPA (Nos. 08-1200 et al.), revising key language describing the court’s review of...more

Devil's Isle Detail: An Overview of the Laws Regulating Bermuda's Marine Environment

The report is based on a pro bono survey provided to the Cyrus R. Vance Center for International Justice in connection with its Coral Reef Project. The objective of the Coral Reef Project is to produce a best practices...more

Illinois Supreme Court Restricts Appeals of Pollution Control Device Certifications

In yet another unanimous decision handed down this morning, the Illinois Supreme Court has streamlined procedures to certify pollution control facilities by barring certain third party appeals....more

Illinois Supreme Court to Hand Down Decisions in Six Civil Cases Tomorrow Morning

The Illinois Supreme Court has announced that it will hand down decisions tomorrow morning in six civil cases argued during the September term of the Court (exactly half the docket from that term). The cases are...more

Is EPA’s “Next Generation Compliance” A Paradigm Shift In Environmental Enforcement?

Over the last several years, EPA has been touting its “Next Generation Compliance” initiative. Sounds great, but what does it mean, and will it change EPA’s enforcement approach? While it’s too soon to make a final judgment,...more

Oklahoma Court Enforces Terms of Pollution Buy-Back

In its recent decision in Star Ins. Co. v. Bear Prods., Inc., 2013 U.S. Dist. LEXIS 148559 (E.D. Okl. Oct. 16, 2013), the United States District Court for the Eastern District of Oklahoma had occasion to consider the...more

Illinois Supreme Court to Debate Appeals from a Pollution Control Facility Certification Order

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in The Board of Education of Roxana Community Unit School District No. 1 v. The Pollution Control Board, which presents an important question of...more

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013), the United States District Court for the Eastern District of Michigan had occasion to...more

Ninth Circuit Says Los Angeles County Flood Control District is Liable for River Pollution - Appellate Court Sidesteps Supreme...

The Ninth Circuit Court of Appeals ruled on August 8, 2013, that elevated pollutant levels in the Los Angeles and San Gabriel rivers represent a violation of the National Pollutant Discharge Elimination System (NPDES) permit...more

DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers

At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources...more

DOE Study Finds Fracking Does Not Contaminate Drinking Water Sources in Marcellus Shale

Last week, the U.S. Department of Energy (DOE) told The Associated Press that the preliminary results of its study indicated that that fracking chemicals did not reach drinking water sources at a well site in the Marcellus...more

DOE Statement on Marcellus Shale Hydraulic Fracturing Study

This is a revised alert reflecting updated information in a July 19 National Energy Technology Laboratory (NETL) media release, which clarified prior NETL statements on the hydraulic fracturing study contained in earlier...more

State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit

On Friday, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial...more

American Lung Association’s Report “State Of The Air 2013? Shows Overall Improvement, But Still Problems For Some Cities In The...

The American Lung Association recently issued a Report entitled, “State of the Air 2013,” which looks at levels of ground-level ozone and particle pollution across the United States for the period 2009-2011....more

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

California Environmental Law and Policy Update - May 9, 2013

Environmental and Policy Focus - Gov. Brown joins move to rewrite California's Prop. 65 - The Sacramento Bee - May 7: Gov. Jerry Brown is throwing his weight behind a push to update Proposition 65, California's defense...more

California Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulations

Lessors of tractors or trailers may be subject to California's regulations pertaining to the reduction of greenhouse gas emissions. California's regulations pertain to heavy-duty tractors and 53-foot or longer box-type...more

EU Environment Report - April 2013

In This Issue: *Chemicals: - Commission adds eight substances to REACH authorisation list *Climate Change: - European Parliament opposes “backloading” proposal for ETS allowances - Council...more

Watt’s New? Michigan Energy Newsletter - February 2013

In This Issue: - Electric Choice Spreads to Two New Utilities - Torrification Plant to Supply Carbon for Pollution Control - Readying Michigan to Make Good Energy Decisions - New Leader for New Michigan Energy...more

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