Recent Posts

The Constantly Pending PMN: Low Volume Exemption Applications Are Living Documents
Posted on 14 Mar 2011 by Keller and Heckman LLP

When available, a Low Volume Exemption ("LVE") is an attractive and quicker path to commercial marketing than filing a full premanufacture notification ("PMN") pursuant to the Toxic Substances Control Act ("TSCA"). Specifically... Read More

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action
Posted on 26 Mar 2012 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because... Read More

Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises
Posted on 29 Sep 2011 by Jenner & Block Corporate Environmental Lawyer

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp .... 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

Administration announces plans for new regulations regarding wetlands, but specifics are lacking for now
Posted on 29 Apr 2011 by Thomas H. Clarke, Jr.

The Administration has announced that it will propose new regulations to protect wetlands and smaller streams; unfortunately, specifics are lacking at present. The Administration appears to believe that their new regulations will fit within the constraints... Read More

Jenner & Block: EPA Issues New NEPA Mapping Tool
Posted on 26 Apr 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block EPA has issued a new online mapping tool, NEPAssist, to assist federal agencies in evaluating possible NEPA environmental review obligations. NEPAssist is one of five pilot projects selected by the... Read More

Columbia Law School Center for Climate Change Law: EPA Announces First Watersense-Labeled Homes
Posted on 11 Feb 2011 by J. Cullen Howe

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In November 2010, EPA announced the first WaterSense -labeled homes in the country. According to EPA, four WaterSense labeled new homes were built by KB Home in Roseville,... Read More

EPA Responds to the BP Oil Spill in the Gulf of Mexico
Posted on 11 May 2010 by LexisNexis Environmental Law Community Staff

Since the BP Oil Spill in the Gulf of Mexico on April 22, 2010, EPA has mobilized resources to support the U.S. Coast Guard and protect public health and the environment. Our Emergency Operations Center at headquarters has been activated, trained EPA... Read More

USEPA Promulgates New Fracking Air Rules
Posted on 2 May 2012 by Marc Karell

By Marc Karell, P.E., CEM, Principal, Climate Change & Environmental Services, LLC While the focus of the environmental controversy concerning hydraulic fracturing ("fracking") has been the alleged contamination of aquifers and other... Read More

EPA lacks authority to regulate nanomaterials, states EPA IG, even if regulations are soon issued under FIFRA and TSCA
Posted on 5 Feb 2012 by Thomas H. Clarke, Jr.

Prior posts have noted the wide use of nanomaterials in consumer goods, and the threat to human health that particles of such size may pose. An example of the risk posed by nanomaterials is sunscreen. Dermal penetration of some nanomaterials into the... Read More

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed
Posted on 31 Jan 2012 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block DOJ attorneys representing the United States Army Corps of Engineers (the "Corps") and the United States Environmental Protection Agency ("EPA") found themselves unable to rely... Read More

EPA Launches Green Products Web Portal for Pollution Prevention Week
Posted on 27 Sep 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON - The U.S. Environmental Protection Agency (EPA) is observing Pollution Prevention (P2) Week (September 19-25, 2011) by launching a new tool designed to provide Americans easy access to information about everyday products like home appliances... Read More

The Struggle Over the Mississippi River Basin
Posted on 6 Jun 2012 by Todd Janzen

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP While most farmers go quietly about their spring planting this year, a storm is brewing over the Mississippi River Basin of which few are probably aware. I am referring to the legal... Read More

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing
Posted on 9 May 2011 by Thomas H. Clarke, Jr.

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v... Read More

DOT, EPA Propose the Nation’s First Greenhouse Gas and Fuel Efficiency Standards for Trucks and Buses
Posted on 27 Oct 2010 by LexisNexis Environmental Law Community Staff

A win for the environment, economy and energy efficiency WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) have announced the first national standards to reduce greenhouse gas (GHG... Read More