Recent Posts

EPA Enforcement Initiative
Posted on 27 Oct 2015 by Williams Mullen

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... Read More

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia
Posted on 5 Feb 2015 by Steptoe & Johnson PLLC

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... Read More

US EPA Urban Air Toxics Report to Congress
Posted on 28 Oct 2014 by Steptoe & Johnson PLLC

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... Read More

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district... Read More

EPA Issues First National Standards for Mercury Pollution from Power Plants
Posted on 28 Dec 2011 by LexisNexis Environmental Law Community Staff

Historic 'mercury and air toxics standards' meet 20-year old requirement to cut dangerous smokestack emissions WASHINGTON - The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards, the first national... Read More

Marten Law on American Trucking Associations, Inc. v. City of Los Angeles
Posted on 6 Aug 2013 by Jessica K Ferrell

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... Read More

EPA Releases DMR Pollutant Loading Tool
Posted on 2 Feb 2012 by E. Lynn Grayson

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... Read More

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule
Posted on 10 Jun 2014 by Cadwalader, Wickersham & Taft LLP

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... Read More

Hot Issues: Environment
Posted on 15 Aug 2011 by State Net

The Obama administration announces it will spend up to $100 million to purchase development rights from Central FLORIDA ranchers and farmers as a means to aid the restoration of over 24,000 acres in the Northern Everglades. The purchase would prevent... Read More

Texas Petrochemical Refinery Achieves Reasoned Victory Against Clean Air Act Citizen Suit
Posted on 5 Mar 2015 by Jenner & Block Corporate Environmental Lawyer

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... Read More

New EPA and USACE Regulations Revise Definition of "Waters of the United States"
Posted on 13 Oct 2015 by LexisNexis Insurance Law Newsroom Staff

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... Read More

DOJ: Judge Accepts Transocean’s Guilty Plea; Company to Pay $400M
Posted on 19 Feb 2013 by Shane Dilworth

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... Read More

Compliance With the Clean Air Act May Not Be Enough
Posted on 18 Sep 2013 by Babst Calland

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)... Read More