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Environmental Updates

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

EPA's TSCA Chemical Substance Inventory Identifies Newly Designated “Active” Chemicals

The U.S. EPA has released the updated Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory), which identifies non-confidential chemical substances designated as “active” in U.S. commerce. The April 2018...more

Food & Ag Weekly Round-Up: April 19, 2018

by Husch Blackwell LLP on

USAgNet discussed industry groups request for new beef labeling requirements. The Houston Chronicle reported on a provision in the 2018 Farm Bill that would remove certain rules on EPA pesticide review....more

ECHA Begins Public Consultation on Strategic Priorities for Next Five Years

by Bergeson & Campbell, P.C. on

On April 4, 2018, the European Chemicals Agency (ECHA) announced that it has launched a public consultation on its draft Strategic Plan for 2019-2023. ECHA states that by 2023, it “aims to become the main source of...more

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Ticonderoga, New York Enter into Consent Decree

The United States Department of Justice (“DOJ”) issued in April 12th news release stating that the Town of Ticonderoga, New York, (“Town”) had entered into a Consent Decree to address alleged Safe Drinking Water Act (“SDWA”)...more

Ontario Court of Appeal Clarifies and Reaffirms Dynex: Gross Overriding Royalties and Interests in Land

by Bennett Jones LLP on

In a decision of critical interest to the holders of overriding royalties in the mining and oil and gas sectors, the Ontario Court of Appeal has clarified the test used to determine when a royalty interest constitutes an...more

Chevron Deference Under Attack At State Level

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more

Nitrogen Dioxide/National Ambient Air Quality Standard: U.S. Environmental Protection Agency April 18th Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) published an April 18th Federal Register Notice addressing the National Ambient Air Quality Standard ("NAAQS") for Nitrogen Dioxide(“NO2”). See 83 Fed. Reg....more

Duke Energy CPRE Program – Tranche 1 RFP Solicitation Update

by Williams Mullen on

On April 4, 2018, Duke Energy Carolinas, LLC’s and Duke Energy Progress, LLC’s (“Duke”) evaluation team (the “Evaluation Team”) and Accion Group, LLC, the Independent Administrator (“IA”) selected to conduct Duke’s...more

Preble’s Meadow Jumping Mouse Stays Put on List of Threatened Species

by Nossaman LLP on

On April 17, 2018, the U.S. Fish and Wildlife Service (Service) reached a negative “90-day finding” on a petition to remove the Preble’s meadow jumping mouse (Zapus hudsonius preblei) from the List of Threatened and...more

Environmental Awards: Arkansas Department of Environmental Quality Announces Finalists for ENVY, TECHe, E2 , and ADEQuest Science...

The Arkansas Department of Environmental Quality (“ADEQ”) issued an April 17th news release announcing the finalists for the Arkansas Environmental Stewardship (“ENVY”) Award, Arkansas Environmental Technology (“TECHe”)...more

Bill 12: Preserving Canada's Economic Prosperity Act

by Bennett Jones LLP on

On April 16, 2018, the Government of Alberta introduced Bill 12: Preserving Canada’s Economic Prosperity Act (Bill 12 or the Act). Bill 12 proposes to give the Alberta Minister of Energy (Minister) sweeping powers to control...more

Arkansas Advisory Committee on Petroleum Storage Tanks – April 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

Tenants Gain Broader Liability Protection Under CERCLA

by McGuireWoods LLP on

Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and...more

5 Key Takeaways from FERC’s Recent Energy Storage Order

In February, FERC issued Order 841, Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators (the “Order”), requiring RTOs and ISOs to establish new market...more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Energy Newsletter - April 2018

by King & Spalding on

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

U.S. Environmental Protection Agency Withdrawal of "Once In, Always In" Policy: California Attorney General D.C. Circuit Court of...

The California Attorney General filed an April 10th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

Securities Regulators Anticipate Greater Requirements on Climate Change Disclosure

by Bennett Jones LLP on

On April 5, 2018, the Canadian Securities Administrators (CSA) published CSA Staff Notice 51-354 Report on Climate change-related Disclosure Project, which reports the findings of their project to review disclosure by...more

Fourth Circuit Expands Citizen Suits Under the Clean Water Act; Finds Potential Liability for Discharges Through Groundwater

by King & Spalding on

A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”): — The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more

Another Ruling that Discharges to Groundwater May Be Subject to the Clean Water Act

Last week, the 4th Circuit Court of Appeals – not the most liberal court in the land – joined the 9th Circuit in ruling that discharges from a point source to groundwater can be subject to the Clean Water Act. The decisions...more

EPA’s Formaldehyde Standards: Compliance Date Moved Up to June 1, 2018

by Beveridge & Diamond PC on

June 1, 2018 will be the initial compliance date for most companies in the composite wood product industry that are subject to EPA’s Formaldehyde Emission Standards for Composite Wood Products (the Standards). On April 4,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Draft Guidance On Expanded Access To Confidential Business Information: On March 16, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public...more

New Presidential Memorandum for Administrator of EPA on Accelerating NAAQS Review and Regional Haze Program

Accelerating air permitting decisions will be very helpful to almost everyone in business. An important Presidential environmental policy memorandum dated April 12, 2018 directing the Administrator of the Environmental...more

Kansas Federal Court Applies Prejudice Requirement to Pollution Buy-Back Endorsement

In its recent decision in PetroSantander (USA), Inc. v. HDI Global Ins. Co., 2018 U.S. Dist. LEXIS 59696 (D. Kan. Apr. 9, 2018), the United States District Court for the District of Kansas, applying Texas law, had occasion to...more

United States/Missouri Consent Agreement Requiring Doe Run Resources Corporation Cleanup of Missouri Lead-Contaminated Residential...

The United States and Missouri executed a Consent Decree (“CD”) with Doe Run Resources Corporation (“DRRC”) requiring the remediation of more than 4,000 lead-contaminated residential properties near the Big River Mine...more

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