Environmental

Recent Posts

Marten Law: First State Air Permit With Enforceable CO2 Limits Issued for Idaho Coal-Fueled Fertilizer Plant
Posted on 18 Jan 2010 by Svend Brandt-Erichsen

In this Emerging Issues commentary, Svend Brandt-Erichsen of Marten Law PLLC discusses a proposed Idaho coal-fueled fertilizer plant, which is the first in the US to have been issued a permit with enforceable limits on carbon dioxide emissions. The plant... Read More

Jenner & Block: Prelude to Regulation--EPA Announces Greenhouse Gas Endangerment Findings
Posted on 11 Jan 2010 by Gabrielle Sigel and Michael R. Strong

In this Emerging Issues commentary, Gabrielle Sigel and Michael R. Strong of Jenner & Block discuss the U.S. EPA’s decision that greenhouse gases emitted from motor vehicles and stationary sources cause an endangerment to public health and welfare... Read More

Marten Law: EPA's Endangerment Finding Could Spur More NEPA, Nuisance Litigation
Posted on 11 Jan 2010 by Steven G Jones

In this Emerging Issues analysis, Steven Jones of the Martin Law Group discusses the EPA's finding that greenhouse gases pose a danger to people and their environment. He states that this finding may lead to new regulations under the Clean Air Act... Read More

Marten Law: EPA Proposes Regulating Stationary Source Greenhouse Gas Emissions Under Federal Clean Air Act
Posted on 14 Jan 2010 by Dustin T Till

The Environmental Protection Agency (EPA) proposed new regulations on September 30, 2009, for greenhouse gas (GHG) emissions. In this Emerging Issues Analysis, Dustin Till of Marten Law PLLC discusses these new proposed regulations and the new thresholds... Read More

Marten Law: Washington State Releases Draft GHG Reporting Rules That Are More Stringent Than New Federal Rule
Posted on 19 Jan 2010 by Alyssa Moir and Svend Brandt-Erichsen

In this Emerging Issues Analysis, Alyssa Moir and Svend Brandt-Erichsen of Marten Law PLLC review the provisions of a draft Greenhouse Gas (GHG) Reporting Rule released by Washington State just two weeks after EPA released a final Federal GHG Reporting... Read More

Marten Law: One Way or Another -- Senate Climate Change Bill Introduced; EPA Proposes to Regulate GHGs From Stationary Sources; and Court Allows GHG Nuisance Suit to Proceed
Posted on 11 Jan 2010 by Svend Brandt-Erichsen

In this Emerging Issues analysis, Svend Brandt-Erichsen of the Martin Law Group discusses the Kerry-Boxer bill. This bill is the Senate version of a House bill that'll create a national greenhouse gas (GHG) cap-and-trade program. Svend examines what... Read More

Marten Law: Washington State Issues Revised Proposal for Mandatory Greenhouse Gas Reporting
Posted on 20 Oct 2010 by amoir

By Alyssa Moir, Marten Law Group PLLC “Large stationary sources and transportation fuel suppliers in the State of Washington would have to report their 2012 greenhouse gas (GHG) emissions beginning in 2013 under rules recently proposed by... Read More

EPA orders review of review 150 to 200 applications for new or expanded surface coal mines, including many mountaintop removal operations
Posted on 26 Mar 2009 by Thomas H. Clarke, Jr.

Yesterday's blog noted that EPA had filed objections to two mountaintop coal mining projects, but denied that it was reviewing nearly 200 pending mountaintop coal mining projects. Today, the Associated Press is reporting that "EPA administrator... Read More

Bush Administration changes to EPCRA reporting requirements are repealed
Posted on 14 Mar 2009 by Thomas H. Clarke, Jr.

Emergency Planning and Community Right-To-Know Act (EPCRA) was enacted in 1986. The law requires approximately 3,500 facilities (businesses in SIC Codes 20 through 39) to report the locations and quantities of chemicals stored on-site to state and local... Read More

GAO critical of the measures used by EPA to allege success of enforcement programs
Posted on 23 Oct 2008 by Thomas H. Clarke, Jr.

The Government Accountability Office has issued a letter report that is highly critical of the measures used by EPA to allege the success of its various civil and criminal enforcement activities, which are often done in conjunction with the U.S. Department... Read More

Concern about mountaintop mining appears to be moving up on the D.C. agenda
Posted on 25 Mar 2009 by Thomas H. Clarke, Jr.

Mountaintop mining [see http://www.epa.gov/Region3/mtntop/ ], as noted in prior posts, has been quite controversial because of its various environmental impacts. However, as noted in a 2/26/09 post, the Fourth Circuit recently upheld various permits for... Read More

Failure to make objections with clarity to proposed agency rules dooms a later petition for review, rules D.C. Circuit in CAA case
Posted on 2 Apr 2009 by Thomas H. Clarke, Jr.

In 2005, Congress amended the Clean Air Act to require EPA to promulgate regulations governing air quality monitoring during so-called "exceptional events." 42 U.S.C. § 7619(b) . The amended statute defined "exceptional event"... Read More

EPA considering petition requesting ban on lead wheel weights
Posted on 31 Aug 2009 by Thomas H. Clarke, Jr.

EPA has responded to a petition by the Sierra Club and Ecology Center, pursuant to TSCA, to prohibit the manufacture, processing, and distribution of lead wheel balancing weights. See 74 FR 34,342 [ http://www.epa.gov/EPA-TOX/2009/July/Day-15/t16815.htm... Read More

U.S. Supreme Court holds that Corps, not EPA, has primary authority to issue permit for the discharge of slurry from a mining operation into a nearby lake
Posted on 29 Jun 2009 by Thomas H. Clarke, Jr.

As noted in a prior post, a mining company decided to reopen a gold mine in Alaska using a "froth flotation" technique to extract gold; it obtained permission from the Corps of Engineers to dispose of a rock and water slurry mixture by pumping... Read More

Corps reissues permit to Coeur d'Alene Mine in Alaska
Posted on 11 Oct 2009 by Thomas H. Clarke, Jr.

Prior posts have noted the battle over the 404 permit for the Coeur d'Alene mine in Alaska, including the U.S. Supreme Court's decision, reversing the 9th Circuit, in allowing the permit to be issued; in the most recent post on the controversy... Read More