LexisNexis® Legal Newsroom
Whistleblower Alert: Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations

The Occupational Safety and Health Administration (OSHA) has published a new rule, effective January 18 th , revising the procedures for handling whistleblower claims arising under the Energy Reorganization Act (ERA) and six environmental statutes: the Safe Drinking Water Act (SDWA) ; Federal Water Pollution...

Even toxics can act as a generic selection factor in the environment

One of the themes of this blog has been that virtually anything present in the environment can act as a selection factor influencing the course of evolution. A recent study on fish and PCB's and dioxins illustrates this point. Unfortunately for humans, the end result is not necessarily positive or...

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act

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 attorney lacked standing. In Thiebaut et al v...

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...

Marten Law on LA County Flood Control Dist. v. Natural Resources Defense Council

By Russell Prugh , Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses LA County Flood Control Dist. v. NRDC in which the U.S. Supreme Court considered the scope of what constitutes a "discharge" under the Clean Water Act and held that...

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...

Permit Shield Extended to General Permits by Sixth Circuit

In January 2015, the Sixth Circuit held that a defendant’s compliance with the terms of its National Pollutant Discharge Elimination System (“NPDES”) general permit would effectively “shield” that defendant from claims filed under the citizen suit enforcement provisions...

US EPA Toxic Release Inventory 2015 Changes

There are a number of changes for the Toxic Release Inventory (TRI) report due on July 1, 2015 (RY 2014). New Chemical added to the list In the final rule published on November 7, 2013 (78 FR 66848), [ enhanced version available to lexis.com subscribers ], o-nitrotoluene was added to the list of...

Change Management for the Industrial Wastewater Discharger

By Ryan W. Trail Facilities discharging industrial wastewater to Publicly Owned Treatment Works (POTWs) must be keenly sensitive to changes in the nature and volume of their discharge. Proper planning, notification and interaction with the POTW may mean the difference between the smooth road of...