News & Analysis as of

Pollution Control

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

California Environmental Law & Policy Update - April 2018 #2

by Allen Matkins on

Focus - Metropolitan Water District agrees to major contribution toward Delta tunnels project funding - THE SACRAMENTO BEE - Apr 11 The Metropolitan Water District of Southern California (MWD) voted Tuesday to cover...more

Sustainable Development Update - April 2018 #2

by Allen Matkins on

Sustainable Development Focus - Major California housing bill narrowed before its first legislative debate - LOS ANGELES TIMES - Apr 10 Ahead of its first legislative committee hearing scheduled for next week, a Bay...more

Fourth Circuit Expands Scope of Clean Water Act

by Alston & Bird on

Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more

Asbestos Enforcement: Arkansas Department of Environmental Quality and County Road Department Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and Mississippi County Road Department (“Road Department”) entered into a Consent Administrative Order (“CAO”) on April 2nd addressing an alleged violation of the...more

Back-to-Basics Approach on Injunctive Relief

On April 3, 2018, Susan Bodine, Assistant Administrator of U.S. EPA’s Office of Enforcement Assurance and Compliance Assistance (OECA), issued an internal memorandum titled “The Appropriate Use of Compliance Tools in Civil...more

Minnesota Legislative Update: Which Bills Met the First Committee Deadline?

by Faegre Baker Daniels on

The Minnesota Legislature’s first committee deadline came and went yesterday, with policy bills needing to clear all policy committees in either the House or Senate by midnight to remain viable. Most committees met in regular...more

Waste Water Discharge & Disposal: 9th Circuit Clarifies Permit Obligations

by Lewitt Hackman on

Call this one a case of misdirection, but an Appellate Opinion seems to simplify matters. If anything having to do with environmental law can be considered simple....more

Underground Storage Tanks/Facility Recordkeeping: Arkansas Department of Environmental Quality 2018 Canopy Article

The Arkansas Department of Environmental Quality (“ADEQ”) provided guidance on underground storage tank (“UST”) recordkeeping in the Arkansas Oil Marketers Association publication The Canopy (Issue 1, 2018)....more

2018 Environmental Legislative Update No. 3

by Pullman & Comley, LLC on

In the rocket launching business, “Max Q” is point of maximum stress due to the combination of acceleration and air density. Judging from the number of items in today’s update, the session may have reached legislative Max Q....more

Arkansas 91st General Assembly – Second Extraordinary Session 2018: House Bill 1007/Senate Bill 8 – Update

As noted in previous posts (see previous posts of 03-13-18 and 03-14-18 here) House Bill (“H.B.”) 1007 and Senate Bill (“S.B.) 8 would add a subsection to a section of Subchapter 2 (Water Pollution) of the Arkansas Water and...more

EPA Continues Reforms to NSR and Other Clean Air Act Permitting Programs

by Beveridge & Diamond PC on

On March 13, 2018, the U.S. Environmental Protection Agency (“EPA”) released a guidance memorandum announcing a new policy designed to clarify when a proposed project will trigger New Source Review (“NSR”) under the Clean...more

Parent company liability in England for human rights impacts abroad: Lungowe v Vedanta

by Hogan Lovells on

Conventionally, a "corporate veil" and the doctrine of "forum non-conveniens" have isolated UK businesses from human rights related claims arising out of the operations of their foreign subsidiaries. ...more

Minnesota Legislative Update: Committee-Level Movement Gets Underway

by Faegre Baker Daniels on

The Minnesota Legislature, in anticipation of the first committee deadline on March 22, continued to hear and move bills through policy committees this week. Legislative committees focused on Governor Dayton’s request for $10...more

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

by Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and...

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice...more

Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures): Draft Revisions

The Arkansas Department of Environmental Quality (“ADEQ”)posted in late January draft revisions to Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures)(“Reg. 8”). Reg. 8...more

Newsletter: Environmental Law Update

by Pullman & Comley, LLC on

Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative Liaison of the Connecticut Bar Association’s Environmental...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Intervenors' Scope of Participation in Arkansas Pollution Control and Ecology...

As noted in a previous blog post (see previous post here) the Ozark Society, Inc., and three individuals (“Intervenors”) filed a Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc., (“C&H”) Request...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Environmental Notes - March 2018

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

New York Court Holds No Coverage for Criminal Proceeding

In its recent decision in Certified Environmental Services, Inc. v. Endurance Am. Ins. Co., 2018 N.Y. App. Div. 704 (4th Dep’t Feb. 2, 2018), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion...more

Prohibition on the Carriage of Non-compliant Marine Fuels

by Reed Smith on

The global 0.5% sulphur cap for marine fuel, due to take effect from 1 January 2020, has led to calls for a prohibition on the carriage of non-compliant marine fuels. This is due to concerns that the cap will not achieve the...more

Ninth Circuit Holds That Indirect Discharges Require NPDES Permits

by Beveridge & Diamond PC on

On February 1, the Ninth Circuit issued a decision that has the potential to sweep regulated groundwater discharges that reach surface waters, and similarly remote-in-place discharge situations, into the Clean Water Act’s...more

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