Environmental and Sustainability Law

Follow our Environmental and Sustainability Law RSS Feed »

July 6, 2015 0

Vapor Intrusion Guidance Issued by EPA

By in Environmental and Sustainability Law

On June 11, EPA released two long-awaited guidance documents on addressing the potential for vapor intrusion at contaminated sites.  Vapor intrusion is the potential for vapors from groundwater contamination to enter occupied buildings.  One guidance document, EPA’s “Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources,” applies to all sites […]

Tags: , , , , , , , , ,

June 30, 2015 0

Supreme Court Overturns D.C. Circuit Opinion on EPA MATS Regulations

By in Environmental and Sustainability Law

On Monday, June 29, 2015, the U.S. Supreme Court issued a 5-4 opinion in Michigan v. EPA, holding that the EPA must consider costs to the regulated industry in determining whether limiting mercury in power plant emissions is “appropriate and necessary”, in the words of the Clean Air Act.  The decision reverses a ruling of […]

Tags: , , , , ,

June 23, 2015 0

Chemical Safety Alert On Implementation of “Inherently Safer Technology” Issued by OSHA and EPA

By in Environmental and Sustainability Law

On June 9, the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) issued an alert containing agency guidance for voluntary measures that can be taken to reduce risks and improve safety at chemical plants.  The alert is the first step in a three-step process outlined to implement Executive Order (EO)13650, issued […]

Tags: , , , , , , ,

June 15, 2015 0

New EPA Rule Requires 36 States To Revise Implementation Plans Disallowing Affirmative Defense To Clean Air Violations

By in Environmental and Sustainability Law

In a final rule issued on May 22, the EPA has given 36 states until November 22, 2016 to revise their state implementation plans (“SIPs”) to remove provisions allowing a defense to enforcement actions under the Clean Air Act for violations that occur during start up, shut down and other emergency situations.  The rule, which […]

Tags: , , , , ,

June 8, 2015 0

EPA Developing Best Practices To Report Industrial Chemical Discharges

By in Environmental and Sustainability Law

Plans to develop best management practices for Clean Water Act permit writers and pretreatment coordinators are underway as The Environmental Protection Agency responds to a September 2014 report by the EPA Inspector General that criticized the agency for being ineffective at regulating discharges of hazardous chemicals to and from wastewater treatment plants. The agency also […]

Tags: , , , , , , , ,

June 3, 2015 0

Nanomaterials: Comments on Proposed Data Collection Rule Due July 6

By in Environmental and Sustainability Law

EPA released a significantly revised proposed data collection rule under Toxic Substances Control Act (TSCA) Section 8(a) for nanomaterials on April 6, and is accepting comments on the proposed rule until July 6.  The rule would establish a one-time reporting requirement of data on nanomaterials meeting the specifications of the rule, due 6 months after […]

Tags: , , , , , ,

May 26, 2015 0

Liability Allocation Under CERCLA Within Court’s Discretion

By in Environmental and Sustainability Law

A Federal Appeals Court in the Ninth Circuit has unanimously ruled on April 2, that Federal Trial Courts are not required to employ a specific formula when allocating costs between private parties for clean-up expenses incurred under CERCLA.  The Court stated that District Courts have discretion in determining the most equitable method of accounting for […]

Tags: , , , , , ,

May 20, 2015 0

Georgia Denies Permit for Kinder Morgan Pipeline

By in Environmental and Sustainability Law

On May 19, 2015 The Georgia Department of Transportation (“GDOT”) announced that it will not allow Kinder Morgan to exercise eminent domain to seize private property in order to build the Palmetto Pipeline. Kinder Morgan plans to build a pipeline that would stretch between Belton, South Carolina and Jacksonville, Florida, transporting gasoline, diesel, and ethanol […]

Tags: , , , , , , , ,

May 18, 2015 0

A Win for Solar Energy in Georgia: The Solar Power Free-Market Financing Act Becomes Law

By in Environmental and Sustainability Law

On May 12, 2015, Georgia took a giant leap forward in the development of distributed solar power in the state, outpacing all other states in the region.  With the enactment of HB 57, The Solar Power Free-Market Financing Act of 2015, signed into law today, Georgia becomes the first state in the Southeastern U.S. to […]

Tags: , , , , , ,

May 11, 2015 0

EPA Environmental Appeals Board: No Statute of Limitations on Failure to Report Under TSCA

By in Environmental and Sustainability Law

Although the chemical industry appellant, Elementis Chromium Inc., prevailed in its appeal of a $2.5 million penalty under the Toxic Substances Control Act (TSCA), a ruling by EPA’s Environmental Appeals Board (EAB) indicates that violations of Section 8(e) of TSCA are continuing, and therefore not subject to the general 5 year federal statute of limitations.  […]

Tags: , , , , , , ,