News & Analysis as of

Pollution Control State and Local Government

Jenner & Block

Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles

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Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

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

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Allen Matkins

California Environmental Law & Policy Update 8.04.23

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In the nation’s first appellate case on the issue, the Ninth Circuit Court of Appeals on Monday ruled that the City and County of San Francisco (City) must meet limits set by the U.S. Environmental Protection Agency for...more

Jenner & Block

Client Alert: Embracing Environmental Justice Initiatives to Advance Corporate Objectives

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Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

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

Washington County Open-Cut Mining Facility: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion...

As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more

Integral Consulting Inc.

Compendium Of State Regulatory Activities On Environmental Justice

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In 1994, under Executive Order 12898, environmental justice was recognized as a federal initiative administered by the U.S. Environmental Protection Agency (EPA). Since then, the environmental justice movement has expanded,...more

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Cozen O'Connor

New Jersey’s First in the Nation State Environmental Justice Law

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On September 18, 2020, New Jersey Governor Phil Murphy signed Senate Bill 232 into law requiring the New Jersey Department of Environmental Protection (NJDEP) “to evaluate the environmental and public health impacts of...more

Pillsbury Winthrop Shaw Pittman LLP

Legislators, Companies and Consumers Turn Their Attention Toward Plastics

Plastic pollution and waste reduction are becoming key elements of the sustainability conversation. Early movers are investing in plastic-reduction funds, technologies such as plastic to fuel and molecular recycling, or...more

(ACOEL) | American College of Environmental...

Will Federal Rollbacks Lead to the Rise of Localism?

Based on research from law professors at Harvard and Columbia, the New York Times reported this month that the Trump administration has reversed, or is in the process of reversing, almost 100 federal environmental...more

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

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and West Memphis Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Phillips County Biodiesel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Solfuels USA., Inc. (“Solfuels”) entered into a March 5th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Ballard Spahr LLP

Pennsylvania Proposes PFAS Cleanup Standards

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Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more

Farrell Fritz, P.C.

“Operation Pay Dirt” – Suffolk County Goes After Illegal Dumping

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“Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department of Environmental Conservation (NYSDEC), and the Suffolk County Police Department. It investigated...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

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On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Stoel Rives - Renewable + Law

Key Energy Related Bills Introduced in the 2019-2020 Legislative Session

The 2019-2020 California Legislative Session has reached its first deadline. February 22, 2019 marked the deadline by which bills could be introduced for the first half of the Legislative Session. Lawmakers will begin Spring...more

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

Arkansas Department of Environmental Quality Overview/Air Quality Update: Stuart Spencer (Associate Director Office of Air...

Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more

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

Waste Tire Program/92nd Arkansas General Assembly: Bill Introduced Addressing Compliance Advisory Panel/Transfer of Moneys

House Bill 1362 has been introduced which would address the Compliance Advisory Panel (“CAP”) established by Arkansas Code § 8-4-314(j)(5) and transfer certain moneys from the Marketing Recyclables Program Fund to the Used...more

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

Consolidation of Arkansas Cabinet-Level Agencies/92nd Arkansas General Assembly: Department of Energy and Environmental Bill Filed

House Bill 1215 (“H.B. 1215”) was filed that would create the Department of Energy and Environment (“DEE”). Arkansas Governor Asa Hutchinson announced earlier this fall his proposal to consolidate cabinet-level departments...more

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