News & Analysis as of

Environmental Protection Agency (EPA) Department of Environmental Protection

Rivkin Radler LLP

July 2024 New York Insurance Coverage Law Update

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Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Pierce Atwood LLP

PFAS in Maine: Legislature Amends the PFAS in Products Law

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On April 16, 2024, Maine Governor Janet Mills signed into law significant amendments to the PFAS in Products Law. Initially passed in 2021, the PFAS in Products Law required manufacturers of products with intentionally added...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Fox Rothschild LLP

Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban...

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By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Kutztown, PA, Storage/Distribution Automotive Products...

The United States Environmental Protection Agency ("EPA") and Advance Stores Company, Inc. and Advance Auto Distribution Center ("Advance" collectively") entered into a May 19th Consent Agreement ("CA") addressing alleged...more

Verrill

Bonnie Heiple, MassDEP’s New Commissioner, Among Fellow Attorneys Heading the Commonwealth’s Environmental Agencies

Verrill on

The Healey Administration has followed a well-traveled path in appointing Bonnie Heiple, a respected environmental and energy attorney from a large Boston law firm (WilmerHale), as Commissioner of MassDEP. The Patrick...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean School Bus Program: U.S. Environmental Protection Agency Announces $4,255,000 in Funding for Selected Arkansas School...

The United States Environmental Protection Agency (“EPA”) issued an October 26th news release announcing Arkansas School Districts that have been selected for a total of $4,255,000 that will be used to purchase electric and...more

Maron Marvel

NJDEP Announces PFAS Interim Guidelines

Maron Marvel on

To continue combating environmental contamination, the New Jersey Department of Environmental Protection (NJDEP) issued new regulations this week, which take immediate effect for four Per- and polyfluoroalkyl substances...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Keasbey, New Jersey, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

Mintz

The Supreme Judicial Court's Boston Municipal Harbor Plan ruling Is EXACTLY the same as the Supreme Court's West Virginia v. EPA...

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Massachusetts's Supreme Judicial Court has agreed with a Superior Court Judge that the Massachusetts Department of Environmental Protection was not authorized by the Massachusetts Legislature to defer to certain municipal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants Petition Objecting to Cambria County, Pennsylvania, Power Plant

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 7th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) to the Colver Power...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Moratorium on the Procurement of Structures or Activities Generating PFAS Emissions/Proposed Massachusetts Legislation: The...

The National Association of Clean Water Agencies (“NACWA”) submitted written testimony on legislation currently being considered by the Commonwealth of Massachusetts Legislature titled: An Act Establishing a Moratorium...more

Pierce Atwood LLP

EPA Approves Maine DEP Proposal to Opt Out of Ozone Transport Region

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In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Copper/Wastewater Effluent: Administrative Challenge to Pennsylvania Department of Environmental Protection's Denial of Use of...

Dowingtown Area Regional Authority (“DARA”) filed a December 28th Notice of Appeal (“Appeal”) before the Pennsylvania Environmental Hearing Board challenging a Pennsylvania Department of Environmental Protection (“DEP”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Natural-Gas-Fired Turbine Air...

The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more

Fox Rothschild LLP

PADEP Approves NPDES Permit With PFOA And PFOS Discharge Limits

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On March 24, 2021, the Pennsylvania Department of Environmental Protection (PADEP) announced that it issued an National Pollutant Discharge Elimination System (NPDES) permit to the Biddle Air National Guard Base (ANGB)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Decline in U.S. Environmental Protection Agency Enforcement: Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a May 13th report titled: Resource Constraints, Leadership Decisions, and Workforce Culture Led to a Decline in Federal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Brook Park, Ohio, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and KB Trading, Inc. (“KB”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations addressing: ....more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

Vinson & Elkins LLP

EPA Announces Results For FY 2020, Foreshadowing Increased Enforcement Under The Biden EPA

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On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more

Holland & Knight LLP

Florida Dept. of Environmental Protection Takes Over Federal Wetlands Permit Process in State

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The U.S. Environmental Protection Agency (EPA) on Dec. 17, 2020, signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue permits in the state under Section 404 of...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update - October 2020

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

King & Spalding

PFAS Update - States Continue to Move Ahead

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It’s hard to find a relevant regulatory agency in the United States that isn’t regulating per- and poly-fluorinated alkyl substances (PFAS). EPA describes PFAS presence in the environment as “one of the most pressing issues...more

Mitchell, Williams, Selig, Gates & Woodyard,...

COVID-19 Guidance: U.S. Environmental Protection Agency/Massachusetts Department of Environmental Protection Addressed Site...

Environmental agencies have begun considering the impact of COVID-19 on various investigation, site fieldwork and remediation activities. Current examples include guidance issued by the United States Environmental...more

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