Waste

Massachusetts Releases Its Revised Solid Waste Master Plan: Are We Really on a Pathway to Zero Waste?

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/8/2013

On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled “Pathway to Zero Waste.” The Plan’s most significant discussion relates to the state of the solid waste market and the Plan’s goal for...more

When is the Meaning of a Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority to Withdraw Approval of Section 404...

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 4/24/2013

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA’s authority to withdraw the specification of streams for the disposal of...more

Stericycle Inc. Being Investigated For Excessive Charges

by Audet & Partners, LLP on 4/19/2013

Stericycle, Inc., a publicly-traded company with revenue swelling 14.1% in 2012 to $1.96 billion, maintains an expansive network of medical waste transport vehicles, collection sites, and treatment facilities in the United...more

Ninth Circuit Rules That Storm Water Runoff From Utility Poles Is Not A “Point Source” Discharge Under The Clean Water Act Or A...

by Marc Bruner | Perkins Coie on 4/9/2013

An environmental group argued that rain water washing over utility poles and carrying wood preservatives used to treat the poles into Bay Area waterways violated the Clean Water Act (CWA) and the Resource Conservation and...more

Federal Charges Filed for Ohio Drilling Waste Release; Ohio Legislation Proposes Increased Penalties

by George Skupski | BakerHostetler on 2/20/2013

Early last week, we covered the response of Ohio regulators to an alleged release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by Hard Rock Excavating (Hard Rock), an affiliate of oil and gas player...more

Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory...

by George Skupski | BakerHostetler on 2/12/2013

A release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent...more

EPA Finally Amends Its Boiler MACT Regulations And Further Defines Fuels Versus Wastes

by Dixon P. Pike, Brian M. Rayback | Pierce Atwood LLP on 2/12/2013

Boiler owners beware – EPA has “finalized” its Boiler MACT, GACT, CISWI and NHSM rules and the compliance clocks have begun ticking. EPA expects the rules to affect about 200,000 boilers and that annualized compliance costs...more

Freedman v. Adams, et al., C.A. No. 4199 (Del. Jan. 14, 2013)

by Potter Anderson & Corroon LLP on 2/12/2013

In this en banc opinion, the Delaware Supreme Court affirmed the Court of Chancery’s decision in Freedman v. Adams, et al., C.A. No. 4199-VCN (Del. Ch. Mar. 30, 2012), denying the plaintiff’s motion for an award of attorney’s...more

EPA Uncertain When Coal Ash Rule Will Be Finalized

by Ronald Farley | Burr & Forman on 2/8/2013

A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by...more

Boiler Or Incinerator And Secondary Materials That Are Solid (Not Hazardous) Wastes

by Ronald Farley | Burr & Forman on 2/1/2013

It’s almost never easy to fathom federal environmental regulations and this held true when a set of regulations was recently issued by the U.S. EPA. On December 20, 2012, the Agency issued a series of rules, primarily under...more

Delaware Chancery Court Dismisses Action for Advancement of Legal Fees and Expenses

by Eric S. Almon | Holland & Knight LLP on 1/29/2013

In a recent letter opinion, the Delaware Chancery Court dismissed an action brought under 8 Del. C. §145(e) for advancement of legal fees and expenses. Plaintiff David F. Miller III previously served as president, chief...more

Delaware Supreme Court Affirms Denial of Attorneys' Fees Relating to Corporate Waste Claim Based on a Board's Decision to Forego...

by Michael D. Redondo | Holland & Knight LLP on 1/29/2013

On January 14, 2013, the Delaware Supreme Court affirmed a trial court's denial of attorneys' fees in connection with a corporate waste claim filed against corporate board members for the board's decision to pay certain...more

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