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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

REACH 2018: Registrants that Initiate Laboratory Testing by March 31, 2018, May Be Granted Extension for Complete Dossier...

by Bergeson & Campbell, P.C. on

The European Chemicals Agency’s (ECHA) Directors’ Contact Group (DCG) recently posted guidance for companies that are required to register under the European Union’s (EU) Registration, Evaluation, Authorisation and...more

Sixth Circuit Holds That Prolonged Permitting Processes Are Not A Final Action Warranting Judicial Review

On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more

Another Hazardous Waste Enforcement Action Costs a Major Retailer Millions

On March 8, 2018, California regulators reached a settlement agreement with Home Depot wherein the retail giant agreed to pay $27.84 million for various hazardous waste violations. The State hit Home Depot with penalties for...more

Arkansas Advisory Committee on Petroleum Storage Tanks – March Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Air Quality/Arkansas Fire Policy Forum: March 29th-30th – North Little Rock, Arkansas

The Arkansas Department of Environmental Quality (“ADEQ”) and Arkansas Forestry Commission are holding on March 29th-30th in North Little Rock, Arkansas, The Arkansas Fire Policy Forum (“Forum”). The Forum is sponsored by...more

Ohio EPA releases draft NPDES construction storm water general permit

by Bricker & Eckler LLP on

On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). ...more

Federal Common Law Climate Claims: Now You See Them, Now You Don’t

Just a few weeks ago, Federal Judge William Alsup ruled that claims brought by San Francisco and Oakland against certain large oil companies belonged in federal court, because they raise issues of federal common law. Last...more

Shipowners Face Risk of Criminal Liability for Illegal Demolition of End-of-Life Vessels

by Reed Smith on

A Rotterdam court has found Dutch reefer operator Seatrade and two of its directors criminally liable last week for illegally selling vessels for demolition in South Asian yards in breach of the EU Waste Shipment...more

Alberta petrochemical industries to receive additional support

by Dentons on

The Alberta government recently introduced new legislation, Bill 1, the Energy Diversification Act, aimed at promoting private sector investment in upstream, midstream and downstream oil and gas sectors. If passed, the Act...more

US Solar Structures: Cash Equity Considerations

The solar financing market is maturing. You can tell because new money is crowding into the market, and the capital stacks are getting more complicated. Many of these funky structures even have names, like the “Double...more

Method 301 Revisions/Various Waste Media: March 20th U.S. Environmental Protection Agency Federal Register Notice

The United States Environmental Protection Agency (“EPA”) published a March 20th Federal Register Notice announcing a final rule establishing editorial and technical revisions to: Measurement Methods from Various Waste...more

2018 Arkansas Solid Waste Conference: April 3rd-5th – North Little Rock, Arkansas

The Arkansas Solid Waste Conference (“Conference”) will be held April 3rd – 5th. The Conference will be held at the Wyndham Riverfront Hotel, 2 Riverfront Place, North Little Rock, Arkansas....more

CSAPR is Better Than BART

On March 20, 2018, the D.C. Circuit Court of Appeals rejected environmental and state/industry challenges to EPA’s Regional Haze Rule. In essence, the ruling confirms that EPA was reasonable in determining that compliance...more

Governor Baker Burnishes His Green Credentials

Governor Baker has sent some mixed messages to the environmental community in his first term. After promising during the campaign to increase environmental spending to 1% of the state budget, he’s made essentially no progress...more

Where the Blacktop Ends: Promising Developments at the Intersection of Agricultural Production and Urban Living

With the Trump administration’s rollback of federal regulations proceeding at a steady pace, and with new federal tax policy firmly established, and with the next federal Farm Bill promised by year’s end, Arkansas’s farmers...more

Three Key Takeaways from the Doing Business in the Northeast: 5th Bi-Annual Current Issues in Environment and Energy Conference

While all major energy projects and environmental clean-up projects in the Northeast face numerous challenges—from changes in the interpretations of regulations and in state-level requirements to legal challenges from...more

California Cannabis Businesses Take Note: Prop 65 Looms Large

by Husch Blackwell LLP on

Cannabis businesses may be surprised to learn that Proposition 65, the California law that seeks to warn consumers of chemicals in the products they buy, may apply to many marijuana products. This law requires all parties in...more

An Examination of Federal Permitting Processes: U.S. House Committee on Oversight and Government Reform/Subcommittee on the...

The United States House Committee on Oversight and Government Reform (“Committee”) held a hearing on March 15th titled: An Examination of Federal Permitting Processes ...more

Arkansas Environmental Federation Regulated Waste Seminar: Little Rock, Arkansas – April 17th

The Arkansas Environmental Federation will hold its annual Regulated Waste Seminar on April 17th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Modeling and Effects Review Applicability Guidance Document: Texas Commission on Environmental Quality Update

The Texas Commission on Environmental Quality (“TCEQ”) has updated: Modeling and Effects Review Applicability (“MERA”) Guidance Document (“Guidance”) ...more

Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and...

In what is now clear to be a series of policy changes to ease air permitting requirements for industrial and manufacturing facilities, U.S. EPA has issued its second memorandum entitled “Project Emissions Accounting under the...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Dewatering During Construction and Post-Construction—Regulatory Paradigms and Options

Major construction projects, especially new office, residential and mixed-use buildings, often require dewatering to remove intercepted groundwater from subterranean areas. Intercepted water flows may continue even after...more

Proposition 65: August Deadline Looming for OEHHA’s Amended Proposition 65 Clear and Reasonable Warning Requirements

by Bergeson & Campbell, P.C. on

There are less than five months before the effective date of the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings”...more

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