News & Analysis as of

Landfills

Circuit Remands Restitution Order for Further Consideration of Indigent Defendant’s Right to Counsel and Application for Expert...

In United States v. Torriero, the Second Circuit (Chin, Droney, Restani by designation) vacated by summary order a $765,561 restitution order relating to costs incurred by the EPA in cleaning up a property that the defendant...more

Illinois Court Finds that Landfill Post-Closure Monitoring Period not Limited to 15 Years by Statute

by Freeborn & Peters LLP on

An Illinois appellate court recently ruled that the 15 year post-closure monitoring requirement for sanitary landfills under the Illinois Environmental Protection Act sets the minimum, not maximum, period, and that that the...more

Renewable Energy Update - September 2017 #3

by Allen Matkins on

Renewable Energy Focus - Solar industry roiled by trade ruling that some fear could lead to tariffs - Washington Post - Sep 22 - The U.S. solar industry was roiled on Friday by a unanimous ruling in a much...more

Coal Ash/Preemption: Federal Appellate Court Addresses Challenge to Municipal Regulation

The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

California Businesses Will Have to Stop Landfilling Organic Waste

Pending regulations now being developed by CalRecycle will have a significant impact on persons generating, transporting, recycling and disposing of organic waste in California. These regulations should become final by...more

Michigan Legislature Proposes Bill To Further Regulate TENORM Disposal

by Freeborn & Peters LLP on

The Michigan legislature recently introduced Senate Bill 503 to tighten up Michigan’s existing disposal guidelines pertaining to TENORM or Technologically Enhanced, Naturally Occurring Radioactive Material. Michigan has...more

California Environmental Law and Policy Update - July 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday...more

EPA Stays Landfill Methane Rules

by Williams Mullen on

EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more

Environmental Notes - July 2017

by Williams Mullen on

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion

by Downey Brand LLP on

Climate Change Law - In its recently adopted Short-Lived Climate Pollutant (SLCP) Strategy, the California Air Resources Board (ARB) identifies POTWs as key components of the state’s strategy to reduce methane...more

Landfill Expansion Project Halted by MassDEP

by Beveridge & Diamond PC on

Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

California Environmental Law & Policy Update - August 2016 #2

by Allen Matkins on

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

EPA Issues Final Rules To Reduce Methane Emissions From MSW Landfills

by Williams Mullen on

Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more

Environmental Notes - August 2016

by Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

EPA Cuts to Landfill Methane Emissions Create New Opportunities for Credit Trading and Gas–to-Energy Projects

On July 14, the Environmental Protection Agency (EPA) issued its latest set of methane regulations as part of the Obama Administration’s Climate Action Plan: Strategy to Reduce Methane Emissions. The Administration issued two...more

New EPA Air Emissions Rules Mean Greater Compliance Burden for Landfill Owners

by Beveridge & Diamond PC on

The United States Environmental Protection Agency (“EPA”) recently released two rules updating the regulation of air emissions from landfills. These rules enlarge the potential universe of landfills required to implement...more

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

by McCarter & English, LLP on

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

Renewable Energy Update - May 2015

by Allen Matkins on

Renewable Energy Focus - U.S. proposes giving wind farms 30-year "incidental take" permits - Reuters - May 4 - U.S. wildlife managers on Wednesday again proposed granting 30-year permits to wind farms that...more

EPA Investigates Alabama State Environmental Agency for Alleged Violation of Civil Rights Act

by Miles & Stockbridge P.C. on

In an unprecedented action, the Environmental Protection Agency (EPA) is investigating the Alabama Department of Environmental Management (ADEM), one of its state counterparts, for alleged civil rights violations under Title...more

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former...more

Proposed Rules Seek to Cut Methane Emissions at Landfills

by Williams Mullen on

EPA has issued a proposed rule and a supplemental proposal to a July 14, 2015 proposed rule that are designed to achieve additional reductions of landfill gas (LFG) and its components, including methane, by lowering the...more

State Water Board Approves Composting General Order

Earlier this month, the California State Water Quality Control Board (“State Water Board”) approved a General Order for Waste Discharge Requirements (“WDRs”) for composting operations, which will streamline and standardize...more

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