News & Analysis as of

USEPA

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...more

Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the...

by Freeborn & Peters LLP on

A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No....more

Should Courts Defer to EPA’s Scientific Expertise if EPA Gets Rid of Its Expertise?

Earlier this week, the 9th Circuit Court of Appeals rejected challenges to the Federal Implementation Plan EPA promulgated after finding that Arizona’s regional haze State Implementation Plan was inadequate. I think that the...more

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

USEPA and Army Corps of Engineers Release Final Clean Water Rule

On May 27, 2015, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) released their long-awaited final rule defining the scope of “waters of the United States”...more

Did an Ohio Spill Expose a Leak in Ohio’s Hydraulic Fracturing Disclosure Laws?

by BakerHostetler on

After a recent accident at an Ohio unconventional drilling site, Governor Kasich expressed concern about the state’s fracturing-fluids-disclosure laws. The June accident spilled chemicals ­– including the drilling company’s...more

Report Recommends Update of USEPA UIC Program Citing Hydraulic Fracturing Concerns

by Stoel Rives LLP on

The U.S. Government Accountability Office (“GAO”) released a report yesterday, July 28, 2014, that presents a need for the U.S. Environmental Protection Agency (“USEPA”) to update the Underground Injection Control class II...more

EARL e-News: USEPA To Review 100 Percent of Consent Decrees For Compliance - Updates on Environmental, Administrative and...

by Nexsen Pruet, PLLC on

On April 10, 2014, USEPA released its 99-page Strategic Plan for Fiscal Year 2014 – 2018. As part of the Strategic Plan, USEPA set out its Mission is to protect human health and the environment. USEPA plans to accomplish its...more

The New Environmental Due Diligence Standard Saga Continues

by Cole Schotz on

To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more

Take Notice – President Obama Can Take Meaningful Steps To Address Climate Change Without the Explicit Approval of Congress

by Reed Smith on

Whether President Obama’s Climate Action Plan is a repackaging of existing efforts, entirely new programs, or something in between, the president has the political advantage because Congress’ possible responses are limited....more

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