The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
Compliance with the PM2.5 Standard: EPA proposed lowering the PM 2.5 standard earlier this year. State agency representatives confirmed that areas in each Region 7 state could struggle to comply with the reduced standard,...more
With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more
Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more
Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more
Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more
The United States Environmental Protection Agency (“EPA”) approved the Georgia Environmental Protection Division’s partial Coal Combustion Residuals (“CCR”) state permit program on January 10th. EPA approved the Georgia...more
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
Few things are certain leading up to Donald Trump’s presidency. But there is no question that environmental and energy policy will take center stage in the days – perhaps hours – following his inauguration....more
The EPA’s publication of a coal ash rule on April 17, 2015, did little to resolve the debate about the proper management of the material. Members of Congress have continued to push for legislation which would change...more
On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more
On Tuesday, Governor Pat McCrory's office announced the formation of the Coal Ash Management Commission, including Nexsen Pruet attorney Larry Cobb....more
We have periodically updated the status of EPA’s long-running effort to decide whether and how to regulate coal ash generated primarily from electric power generation. Recent events have put EPA on a course to make a final...more