Wood stoves help to reduce cases of severe pneumonia in young children in LDC's

Pneumonia in children, although rare in the U.S., kills more children worldwide than any other disease (estimated to be 1.6 million deaths per year). [Prior posts have noted, though, the adverse impact of various air pollutants on urban children.] Researchers hypothecated that open fires used for heating...

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 today 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...

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...

greenhouse Gas Smokestack

Compilation of International Authorities Supporting Specific Measures to Combat Climate Change Published by Columbia Law School Center for Climate Change Law

Columbia Law School’s Center for Climate Change Law has prepared a Compilation of International Authorities Supporting Specific Measures to Combat Climate Change . The document has been compiled to show the authority found for various specific measures that will help combat climate change and its...

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...

lake polluted

lead and zinc smelter

water treatment plant

climate change city

Texas Federal Judge Imposes Maximum $2 Million Fine On Felony Pollution Counts

CORPUS CHRISTI, Texas — (Mealey’s) A Texas federal judge on Feb. 5 imposed fines totaling more than $2 million on convictions stemming from oil/water separation tanks that had been operated without the required covers for nearly 10 years, polluting the air and causing the deaths of migratory...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...

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...

When The Duty To Indemnify Is Broader Than The Duty To Defend

When it comes to coverage principles this one is as black as coal: the duty to defend is broader than the duty to indemnify and if an insurer does not have a duty to defend, it does not have a duty to indemnify. But in Texas it can be a different story. A determination that an insurer has no duty...

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...

Insurer Cherry Bombs: Court Holds That Pollution Exclusion Does Not Apply To Fireworks [Yes, Fireworks]

One of the things that makes the pollution exclusion such a fan-favorite is that its applicability is sometimes tested against unusual substances, i.e., ones that don’t necessarily shout pollution when come across. For example, just since 2011, courts have addressed whether such things as aroma...

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...