News & Analysis as of

Pollution Control

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Top environmental developments in 2017 for ADG companies

by Hogan Lovells on

The Trump administration has made it clear that it will seek to eliminate environmental regulations that it sees as imposing an unjustified economic burden. As is often the case when control of the federal government changes...more

The Plastic Bag Ban: How Does Rapidly Changing Environmental Regulation Impact Your Business’s Expansion?

“Disposable” plastic bags have become a ubiquitous element of retail shopping over the past several decades, with most consumers barely thinking about the volume or impact of their use and disposal. Thin plastic bags have...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

State Council Announces Plan for a Pollution Discharge Permit System

by Latham & Watkins LLP on

China’s State Council released its “Plan for Controlling the Implementation of the Pollution Discharge Permit System,” (the Plan), which establishes guidelines and policy goals for the pollution permitting system being...more

Recently Proposed Pollution Notice Rule Struck as Invalid

The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

Maine DEP's New Multi-Sector General Permit

by Pierce Atwood LLP on

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

EPA Turns Up the Heat on Refrigerant Regulation

Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy. The rule revises and expands EPA’s regulations for “Ozone-Depleting Substances”...more

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in...

by Akerman LLP on

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for...more

New Florida Pollution Incident Reporting Rule

by Fowler White Burnett, P.A. on

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

by Robinson & Cole LLP on

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

First ever global regime for aviation emissions: ICAO adopts Global Market-Based Measure to combat aircraft CO2 emissions

by Reed Smith on

On Friday, 7th October the General Assembly of the International Civil Aviation Organisation (ICAO) passed a resolution (the ICAO Resolution), resolving to implement the world’s first global regime for combatting CO2...more

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

by Pepper Hamilton LLP on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Aviation emissions – new global deal looks likely

by Dentons on

Government officials are negotiating a market-based mechanism to reduce emissions in the international aviation industry. Ministers from over 190 countries have gathered at the International Civil Aviation Organization’s...more

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

by Carlton Fields on

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

by Seyfarth Shaw LLP on

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...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

How Will Brexit Impact Environmental and Energy Law?

by Latham & Watkins LLP on

Following the recent UK referendum result, attention is now turning to the legal implications for specific policy areas. While the overwhelming majority of the UK’s environmental legislation is derived from EU...more

California Environmental Law & Policy Update - July 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

China Releases Ambitious Plan to Address Soil Pollution

by Latham & Watkins LLP on

On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

Energy Brexit: initial thoughts

by Dentons on

In the energy sector, as elsewhere, it is far too early to give any definitive view on the effects of the UK electorate’s vote to leave the EU, or to offer a comprehensive analysis of the merits of the options now facing the...more

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