LexisNexis® Legal Newsroom
EPA Releases DMR Pollutant Loading Tool

By E. Lynn Grayson, Partner, Jenner & Block EPA recently released the Discharge Monitoring Report (DMR) Pollutant Loading Tool designed to help individuals determine who is discharging, what pollutants they are discharging and how much, and where they are discharging. The tool calculates pollutant...

New MOU For EPA And DoD

By E. Lynn Grayson, Partner, Jenner & Block EPA and DoD have entered into a new Memorandum of Understanding (MOU) to advance the use of innovative technologies and their mutual interests in sustainability. This MOU is entered into between EPA through its Office of Research and Development, and...

State Net Capitol Journal Legislative Updates: Fracking Not A Watered-Down Topic

FRACKING REMAINS A HOT TOPIC IN MANY STATES: The controversial process of hydraulic fracturing, also known as "fracking," has boiled over in numerous statehouses this year. The battle has often come down along party lines, with Republicans heavily supporting measures allowing the process over...

DOJ: Judge Accepts Transocean’s Guilty Plea; Company to Pay $400M

WASHINGTON, D.C. - (Mealey's) The U.S. Department of Justice announced that a federal judge in Louisiana has accepted Transocean Ltd.'s guilty plea for violating the Clean Water Act (CWA) over its conduct leading to the 2010 explosion of the Deepwater Horizon oil rig and that the company will...

Disposal Of Hazardous Waste Materials Resulting From Oil And Gas Well Drilling Operations Not A Pollution Event For Insurance Endorsement

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the...

Lake Erie contains substantial quantities of tiny pieces of potentially toxic plastic

Prior posts have noted the great Atlantic and Pacific garbage patches. [See, for example, http://en.wikipedia.org/wiki/Great_Pacific_garbage_patch ; http://www.mnn.com/earth-matters/translating-uncle-sam/stories/what-is-the-great-pacific-ocean-garbage-patch ; &, http://news.discovery.com/earth/oceans...

Marten Law on American Trucking Associations, Inc. v. City of Los Angeles

In this article, Jessica Ferrell of Marten Law PLLC examines the Supreme Court's decision in Am. Trucking Ass'ns v. City of Los Angeles. Along with holding that the Federal Aviation Admin. Authorization Act preempts provisions of the Port of Los Angeles' Clean Truck Program, the opinion limits...

Should Company Directors and Officers Be Personally Liable for Environmental Contamination They Did Not Cause?

By Dianne Saxe, Ontario Environmental Lawyer “Directors’ liability is one of the primary instruments used by policymakers to promote good corporate governance. However, … [t]he imposition of ever-increasing personal liability on directors may eventually affect the management and...

Compliance With the Clean Air Act May Not Be Enough

A recent Third Circuit decision indicates that compliance with the requirements of the Clean Air Act (CAA) may not be sufficient to protect an owner or operator from state common law tort claims. In Bell v. Cheswick Generating Station (Aug. 20, 2013) [ enhanced version available to lexis.com subscribers...

Virginia Environmental Regulatory Developments

BY: LYNNE C. RHODE, JOHN W. DANIEL II & CHANNING J. MARTIN STATE AIR POLLUTION CONTROL BOARD A. Final Regulations 1. Existing Stationary Sources (Rev. J07) (amending 9VAC5-40-6970, 9VAC5-40-7050; adding 9VAC5-40-6975). 9VAC5-45. Consumer and Commercial Products (Rev. J07) (amending 9VAC5...

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“ EPA ”) Cross-State Air Pollution Rule (“ CSAPR ”). EPA v. EME Homer City Generation, L.P., No. 12-1182, [ enhanced version available to lexis.com subscribers ]. In a 6...

U.S. EPA 2013 TRI Preliminary Dataset Now Available

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms processed as of July 9, 2014 (the annual reporting...

China's Pollution Woes Trigger a New Environment for Manufacturers in China

By Richard J. Ferris, Jr. China presents foreign manufacturers with many paradoxes. The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory standards are in place, but access to, enforcement...

New Data on Open Burning of World’s Garbage

By E. Lynn Grayson Unregulated trash burning around the globe is pumping far more pollution into the atmosphere than shown by official records. A new study led by the National Center for Atmospheric Research estimates that more than 40 percent of the world's garbage is burned in such fires...

US EPA Urban Air Toxics Report to Congress

By Joyce A. Gentry The US EPA has released the Second Integrated Urban Air Toxics Report to Congress. This is the final of two reports required by the 1990 Clean Air Act (CAA) to inform Congress on the process in reducing public health risks from urban air toxics. A copy of the complete report...

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

By Laura M. Goldfarb EPA designated all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) by rule on December 18, 2014. This is significant for industry and business development in West Virginia because, air...

Less Environmental Enforcement = More Private Prosecutions?

When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojustice’s...

Supreme Court Hears Chevron Ecuador Pollution Appeal

Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lusitande Yaiguaje...

Texas Petrochemical Refinery Achieves Reasoned Victory Against Clean Air Act Citizen Suit

ExxonMobil Corp. (Exxon) operates a refinery complex in Baytown, Texas, which is the largest petroleum and petrochemical complex in the U.S. This Complex is governed by Title V operating permits issued by the Texas Commission on Environmental Quality (TCEQ). In a 2010 citizen lawsuit, Environmental Texas...

Kawartha Oil Spill Cost Recovery Litigation Drags On

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,691...

Supreme Court Allows Ecuador Pollution Plaintiffs to Sue Chevron Canada

The Supreme Court of Canada has allowed Ecuador pollution plaintiffs to try to seek enforcement against Chevron Canada of a multibillion-dollar damage award against Chevron Corporation for oil pollution in Ecuador: Chevron Corp. v. Yaiguaje . According to the court, this is a relatively simple question...

New EPA and USACE Regulations Revise Definition of "Waters of the United States"

By Mr. Ken Bogdan and Mr. Al Herson Under Clean Water Act (CWA) Section 404, the US Army Corps of Engineers (USACE) must issue a permit for discharges of dredged or fill material into "waters the United States" (WOTUS). On June 29, 2015, the Environmental Protection Agency (EPA) and USACE...

US EPA Publishes Proposed List of National Enforcement Initiatives for FY2017–19

On September 15, 2015, US EPA’s Office of Enforcement and Compliance Assurance published a proposed list of national enforcement initiatives (NEIs) for fiscal years 2017–19. This latest NEI list includes NEIs from the last round (FY2014–16) as well as three new potential NEIs that US...

Virginia’s Aboveground Storage Tank Regulations Are Amended

By Henry R. "Speaker" Pollard, V , Partner, Williams Mullen The Virginia State Water Control Board (“Board”) recently published long-awaited changes to the state’s petroleum aboveground storage tank (“AST”) regulations. This is a final regulatory action, and...

EPA Enforcement Initiative

EPA is currently pursuing six National Enforcement Initiatives. One of these initiatives is entitled, “Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation’s Waters.” Over the past three years, civil penalties in cases settled under this initiative have ranged from zero...