News & Analysis as of

Pollution Control

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Morrilton, Arkansas Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Semco LLC (“Semco”) entered into an October 9th Consent Administrative Order (“CAO”) addressing an alleged of violation of Arkansas Pollution Control and Ecology...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...more

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

The Mexichem Conjecture: Regulating HFCs under CAA ... or TSCA?

by Beveridge & Diamond PC on

Since 1994, EPA has regulated hydrofluorocarbons (HFCs), which are potent greenhouse gases, through several programs under Title VI of the Clean Air Act (CAA) governing stratospheric ozone protection. In a recent decision,...more

Will Massachusetts Enact a Carbon Tax?

by Beveridge & Diamond PC on

Massachusetts could be the first state in the U.S. to enact an economy-wide carbon tax. In January 2017, two bills were proposed in the Massachusetts legislature that would establish a tax on fossil fuels in Massachusetts...more

Arkansas Natural Resources Commission Solicitation: Projects, Programs, Initiatives and Activities Related to Water Quality...

The Arkansas Natural Resources Commission (“ANRC”) states that it is, in cooperation with the University of Arkansas Division of Agriculture Public Policy Center, soliciting information: - . . . of Water Quality...more

SNAP! D.C. Circuit Greenhouse Gas Decision a Win for Industry

by Williams Mullen on

Industries that manufacture products containing hydrofluorocarbons (HFCs), such as aerosol cans, refrigerators, automobile air conditioners, building insulation and fire extinguisher foams, can breathe easier this month...more

China’s War on Pollution: Measuring the Economic Impact

by Latham & Watkins LLP on

China’s State Council released an “Opinion Concerning Establishment of a Long-Term Mechanism for Early-Warning and Monitoring of Environmental and Natural Resources Carrying Capacity,” which will halt major projects in...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Illinois Governor Signs House Bill 2842 - Take Note: Testimony is Required at an Illinois Pollution Control Facility Siting...

by Clark Hill PLC on

In Illinois, an applicant seeking to construct or expand a pollution control facility, such as a municipal solid waste landfill or transfer station, must seek a first-level approval on the proposed site location from the...more

MI Farmers React to EPA Announcement to Formally Rescind WOTUS Rule

by Varnum LLP on

Michigan farmers have actively challenged the necessity of the Obama administration’s Water of the U.S. or WOTUS Rule. Michigan Farm Bureau Associate National Legislative Counsel John Kran recently reacted to the announcement...more

If China Can Cap-and-Trade Auto Fuel, Why Can’t We?

Bloomberg reported earlier this week that: China will soon unveil a mandatory cap-and-trade credit program for electric cars, starting the countdown for carmakers to be in compliance with stricter rules on emissions and...more

Arkansas Natural Resources Commission: September 20th Meeting

The Arkansas Natural Resources Commission Meeting (“ANRC”) will hold its next meeting on September 20th at 9:30 a.m. The meeting will be held at the ANRC headquarters at 101 East Capitol Avenue in Little Rock,...more

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....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

You Can’t Do That! DC Circuit Vacates EPA’s HFCs Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more

Property Needs Environmental Cleanup? Don't Scrap It, SCAP It!

by Lewitt Hackman on

Property owners in California may have access to state funds for environmental cleanup of smaller brownfields projects. The money comes from two pieces of environmental legislation passed in 2014....more

Japan Legal Update - Volume 27 | July 2017

by Jones Day on

On June 7, 2017, Japan signed the "Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting" ("MLI"). The MLI is a part of the OECD/G20 base erosion and profit-shifting...more

Texas Court of Appeals Confirms Power Generation Plants’ Eligibility for TCEQ Administered Tax Exemption

On July 11, the Texas Court of Appeals, Third District, at Austin, TX, decided the case of Freestone Power Generation, LLC, v. Texas Commission on Environmental Quality, et al., reversing the trial court’s ruling that eight...more

Proposed Draft Legislation Clamps Down on Soil Pollution in China

by Latham & Watkins LLP on

On 22 June 2017, Chinese legislators released draft proposals to combat soil pollution in China at a bimonthly session of the Standing Committee of the National People’s Congress. The legislation complements the State...more

Dietary Supplement & Cosmetics Legal Bulletin | July 2017

JAMA Study and Editorial Call for Improvements in Cosmetic Regulation and Surveillance - In response to a study analyzing adverse events for cosmetics and personal care products, the Journal of the American Medical...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

Trump Administration Rescinds WOTUS Rule

by Foley & Lardner LLP on

Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

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