Should states opt to “just say no” to U.S. EPA’s Clean Power Plan proposal by either not submitting compliance plans or creating mechanisms that do not follow the agency’s building blocks? Peter Glaser in Troutman’s D.C....
By Miranda Yost , Of Counsel, Troutman Sanders LLP A recent Sixth Circuit decision, [ enhanced version available to lexis.com subscribers ], on permit shield protection reinforces the importance of full disclosure to the permitting agency. The Sixth...
Naturally Occurring Radioactive Material (NORM) is found in virtually all soil and rock on the earth’s surface. NORM can also be found in groundwater as the result of its contact with NORM bearing geologic formations. When human related activities...
In a highly-anticipated decision, the U.S. District Court for the Middle District of Pennsylvania has granted a motion for summary judgment in favor of a Pennsylvania natural gas operator in an air aggregation case filed by a citizen group. The decision...
Ohio EPA is seeking public comments on a U.S. Army Corps of Engineers’ report entitled “Influence of Open-Lake Placement of Dredged Material on Western Lake Erie Basin Harmful Algal Blooms” and the Corps’ position on open lake...
By William Droze , Angela Levin , and Kate Warihay , Attorneys, Troutman Sanders LLP The tri-state water wars continue to divide the Southeast as litigation moves forward. In Georgia, two river basins supply water to metropolitan Atlanta—the...
The Ohio Valley Environmental Coalition, Inc; Sierra Club; West Virginia Highlands Conservancy, Inc; and the West Virginia Rivers Coalition have filed a Complaint for Declaratory and Injunctive Relief against U.S. EPA, Region III. The action challenges...
By Tricia Caliguire Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last month, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore matching...
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...
By J. Wylie Donald It was innocuous enough: Conference on Environmental Regulations; but the plainness of title belied what was going on at the Federal Energy Regulatory Commission at the first public forum at FERC on EPA's Clean Power Plan...
By Jennifer Kalnins Temple The Ontario and federal governments have signed the latest (8th) version of the Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health ( 2014 COA ). The purpose of this agreement is to implement Canada’s...
On December 24, 2014, the Council on Environmental Quality (CEQ) released Revised Draft Guidance on how federal agencies should evaluate GHG emissions and the impacts of climate change when conducting reviews under the National Environmental Policy Act...
By Laura M. Goldfarb , Member, Steptoe & Johnson PLLC. EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility...
The Sabin Center for Climate Change Law has released a new white paper addressing state authority to regulate greenhouse gas emissions from ships. According to international law, all ships must have a nationality and must register with and fly the flag...
By Marc C. Bryson , Member, Steptoe & Johnson PLLC. On January 12, 2015, the Indiana Senate Environmental Affairs Committee heard a first reading of two bills aimed at addressing perceived threats to public water supplies posed by aboveground...
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...
The U.S. Environmental Protection Agency (EPA) has signed a proposed rule to promulgate more stringent primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The proposed rule would limit air ozone concentrations to between 65...
The US EPA has published its final rule that adjusts the allowance system for the consumption and production of hydrochlorofluorocarbons (HCFCs) for years 2015 to 2019. The rule was promulgated pursuant to the Clean Air Act, certain sections of which...
It is no secret that the fight against desertification isn’t going well. In the two decades since the United Nations Convention to Combat Desertification came into force, desertification has worsened considerably. Many within the desertification...
Here is the presentation by Meredith James on Farm Animals, Manure and Environmental Law for the Animal Law section of the OBA . The presentation focuses on the manure produced by farm animals. In particular, the presentation looks at how manure is...
Oklahoma, 16 Other States Comment on Proposed EPA Guidelines Oklahoma Attorney General Scott Pruitt along with attorneys general from 16 other states filed a comment letter with the EPA opposing the agency’s unlawful plan to regulate power plants...
California Governor Jerry Brown has signed into law a historic package of three bills— Senate Bill 1168 , [ enhanced version available to lexis.com subscribers ], Senate Bill 1319 , [ enhanced version available to lexis.com subscribers ], and Assembly...
House Speaker, agricultural community, counties, homebuilders voice opposition to proposal Earlier this month, the Montana Attorney General’s Office submitted comments to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of...
By Michael B. Gerrard The Clean Power Plan proposed by the Environmental Protection Agency in June is the centerpiece of the Obama Administration’s efforts to fight climate change. Coal-fired power plants are by far the largest source of greenhouse...
By Katerina E. Milenkovski On September 9, 2014, the United States House of Representatives passed H.R. 5078 , a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was...