Waste

News & Analysis as of

Maine DEP Proposes Hazardous Waste Rule Changes

Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear...more

The Value Of Going Round In Circles

However the waste sector is now at a watershed. There are mixed messages from government – on the one hand the government owned Green Investment Bank has pointed to a potential £5bn gap in waste treatment capacity in the UK...more

An Update of Flow Control Jurisprudence since United Haulers

Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. ...more

Oil and Gas Developer Challenges an Extreme Waste Disposal Ordinance Enacted by a Pennsylvania Township

Oil and gas developer Pennsylvania General Energy Company, LLC (“PGE”) recently filed suit against Grant Township in Indiana County, Pennsylvania, alleging that a waste disposal ordinance enacted by the Township violates the...more

Solid Waste and Water Planning Dominate 2014 Connecticut Public Acts Concerning the Environment

The Connecticut General Assembly’s 2014 “short session” yielded a modest crop of public acts concerning the environment. Nevertheless, the bills introduced in the session included three sweeping initiatives with multi-year...more

Other 2014 Environmental and Land Use Legislation: Fracking, Brownfields, State Land Conservation, Private Easements, Wood Burning...

The General Assembly passed noteworthy bills on six diverse environmental and land use subjects. Hydraulic Fracturing Waste - A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more

Solid Waste Change of Direction: “Materials Innovation and Recycling Authority”

Public Act 14-94 creates a “Materials Innovation and Recycling Authority” (MIRA) as successor to the Connecticut Resource Recovery Authority (CRRA). The bill sets ambitious goals for solid waste management and recycling –...more

Cambridge Ret. Sys. v. Bosnjak, C.A. No. 9178-CB (Del. Ch. June 26, 2014) (Bouchard, C.)

In this memorandum opinion, the Court of Chancery granted in part and denied in part the defendants’ motion to dismiss for failure to make a pre-suit demand on the board and for failure to state a claim, holding that demand...more

Turning Problems Into Profits: Ag Waste-To-Energy Trend Could Be A Boon For New Jersey Lawyers

Scientists at the Rutgers EcoComplex in Bordentown are working hard to find new and more efficient ways to transform agricultural waste into energy. In the process, they stand a good chance of creating exciting new...more

RCRA Developments - What’s Hot, What’s Simmering?

EPA’s efforts to regulate certain types of wastes as hazardous wastes -- some decades in the making -- are starting to see the light of day. Ranging from “very hot” to “simmering,” a number of EPA’s rules under the Resource...more

Lifeline Database Update: NLAD Operational in All States, FCC Announces Success

The FCC’s National Lifeline Accountability Database (“NLAD”) now is operational in all states and has already had a significant impact in reducing waste, fraud, and abuse. The FCC announced today that, so far, the NLAD has...more

Another Man's Treasure: Four Reasons To Consider Selling AG Waste For Energy

Editor’s note: This is the second of a three-part series looking at the opportunity of biofuels and new sources farmers can provide. The U.S. Energy Information Administration predicts tremendous growth in the use of...more

From Problem To Profit: Agricultural Waste Is A Hot Topic In The Energy Sector

Editor’s note: This is the first of a three-part series looking at alternative energy issues that could impact agriculture. From the perspective of biology, food is just a form of stored energy. When people count...more

Proposed Regulation of Hazardous Waste in Retail Sector

The Environmental Protection Agency has released a Notice of Data Availability (NODA) in order “to collect information towards improving hazardous waste requirements for the retail sector.” Retailer hazardous waste violations...more

Retailers: It’s Time To Check How Your Stores Manage Their Waste

If you’re a retailer, it’s a good time to assess your system for tracking and managing hazardous waste. Think you don’t generate any? Think again. Those aerosol cans, product returns from customers, old pharmaceuticals and...more

Who Knew? Hazardous Waste Management by Retail Stores

The U.S. Environmental Protection Agency (EPA) released a “pre-publication” Notice of Data Availability for Hazardous Waste Management in the Retail Sector (the “Notice”), to be published in theFederal Register. The Notice...more

Capital Thinking: Environment and Natural Resources

EPA SEEKS PUBLIC INPUT ON CLIMATE CHANGE - The Environmental Protection Agency (EPA) has issued a request for comment on its draft report concerning the impacts of climate change to human health. The agency is seeking...more

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

Under The Dome: Inside The Maine State House 1-10-2014

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislative Session Starts with a Flurry of Activity - On the morning of January 8th, the...more

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...more

What to Expect From EPA in 2014

The Environmental Protection Agency (EPA) is likely to spend more time and effort on promulgating new regulations than pursuing enforcement during 2014. The agency has acknowledged that budget cuts will affect the number of...more

OMB Publishes Final Uniform Guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

On December 26, 2013, the Office of Management and Budget (“OMB”) published final guidance in the Federal Register entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”...more

Financial Issues In Divorce – Dissipation Or “Waste” Claims

In Arizona, it is not uncommon for a spouse in a dissolution proceeding to assert a “waste” claim against the other spouse. The term “waste” does not appear in the Arizona statutes that define community property or relate to...more

OIG Defines its Priorities in 2014-2018 Strategic Plan

Outlining its high-level priorities and goals for the next five years, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) published its Strategic Plan for 2014-2018. In the Strategic...more

Texas Environmental Update - October 2013

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

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