Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more
5/6/2021
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Due Process ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Regulatory Oversight ,
Reversal ,
SMCRA ,
State Agencies ,
Storm Water
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
5/6/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Climate Change ,
Environmental Justice ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Permits ,
PFAS ,
Proposed Amendments ,
Site Remediation ,
State Agencies ,
Wastewater
Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more
10/31/2019
/ CERCLA ,
Coal ,
Coal Ash ,
Coal Industry ,
Consultants ,
Enforcement ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Federalism ,
Hazardous Waste ,
Proposed Rules ,
Section 401 ,
Stormwater Discharge Permits
EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...more
10/30/2019
/ ASTM ,
CERCLA ,
Environmental Assessments ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
Land Use Restrictions ,
New Guidance ,
Property Owners ,
Real Estate Transactions
The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more
5/17/2017
/ Agricultural Sector ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Groundwater ,
Hazardous Waste ,
NRDC ,
Presidential Memorandum ,
Trump Administration ,
Two For One Rule
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed -
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
3/17/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
CERCLA ,
Certiorari ,
Chesapeake Bay ,
Clean Water Act ,
Comment Period ,
Damages ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Indemnification ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
Property Owners ,
Proposed Regulation ,
Real Estate Transfers ,
SCOTUS ,
Superfund ,
Takings Clause ,
TMDL ,
TX Supreme Court ,
US Army Corps of Engineers ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waters of the United States ,
Watershed ,
Wetlands
Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more