Apr 18, 2018

EPA Posts Updated List of “Active” Chemical Substances

Active Chemical Substance

The Toxic Substances Control Act Inventory (“Inventory”) is a list of chemical substances manufactured (including imported) or processed in the United States. On April 12, 2018, EPA posted an updated version of the Inventory, designating nearly 31,000 chemicals on the public portion of the Inventory as “active” in U.S. commerce. TSCA regulation generally prohibits the… Read more

Apr 11, 2018

Update on EPA Formaldehyde Limits in Composite Wood Products


When the U.S. District Court for the Northern District of California invalidated the Trump Administration’s attempted one-year delay of the EPA rule limiting formaldehyde emissions from composite wood products on February 16 (see this newsletter published March 14, 2018, found here), it stayed the effect of its Order until March 9 to allow the parties… Read more

Apr 4, 2018

EPA Lifts Leak Repair Requirements for Oil and Gas Wells

The EPA has altered a 2016 rule requiring oil companies to fix leaks from oil and gas wells during unscheduled shutdown periods.  Under the now defunct 2016 rule, oil and gas operators were required to identify and repair sources of fugitive emissions during unscheduled or emergency shutdowns.  The EPA estimated that the rule would cost… Read more

Mar 26, 2018

House Votes to Delay Brick Kiln, Wood Stove Air Pollution Control Rules


The House has voted to delay the implementation of regulations setting limits on toxic air pollutants from brick and cement tile kilns and wood fire stoves pending resolution of litigation filed to block implementation of the rules.  The bill, which passed by an overwhelming majority on March 7, targets standards limiting emissions of mercury, heavy metals,… Read more

Mar 20, 2018

Georgia Court of Appeals Decision Regarding Antidegradation Rule and Nonpoint Sources


On February 27, 2018, the Georgia Court of Appeals issued a decision in Craig Barrow, III v. Richard E. Dunn, which involved an administrative appeal of a permit issued by the Georgia Environmental Protection Division (“EPD”) to the City of Guyton for the operation of a land application system (“LAS”) wastewater treatment facility.  In Barrow,… Read more

Mar 13, 2018

Federal Court Rejects EPA Rule Delaying Formaldehyde Limits in Composite Wood Products

In the wake of illnesses reported by refugees from Hurricane Katrina who were housed temporarily in manufactured housing, Congress in 2010, in the Formaldehyde Standards in Composite Wood Products Act, required EPA to issue rules limiting formaldehyde emissions from composite wood products.  The Obama EPA took 6 years to issue the final rule, which required… Read more

Mar 5, 2018

Federal Appellate Court Rules That CWA Applies To Groundwater Discharges

Groundwater in pipe

On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a decision concluding that the federal Clean Water Act (CWA) applies to claims involving the discharge of pollutants to groundwater which ultimately migrate to surface waters. In Hawaii Wildlife Fund v. County of Maui, the Ninth Circuit (which covers federal courts… Read more

Feb 28, 2018

Congress Reauthorizes Tax Credit For Buried Carbon Dioxide

buried carbon dioxide

In a bill signed into law on February 9 Congress expanded a tax incentive program responsible for more than a billion dollars in tax credits awarded to oil companies for burying carbon dioxide underground.  Both environmental and industry groups support the move which encourages emitters of carbon dioxide, such as power plants, ethanol factories, steel… Read more

Feb 21, 2018

EPA Reverses Toxic Pollutant Policy under Clean Air Act

On January 25, the EPA issued a memorandum reversing the “once-in-always-in” policy under the Clean Air Act (“Act”) which prevented major sources of toxic air pollutants from removing pollution control devices at their facilities once actual emissions fell below major source thresholds.  The new policy will allow these facilities to be reclassified as smaller “area”… Read more

Feb 12, 2018

Solar Tariffs Set to Slow Expansion of Solar in U.S.

Solar Panels

President Donald Trump’s tariffs on solar-panel imports to the U.S. are expected to add roughly 10% to the cost of a utility scale solar farm in the U.S. and 3% to rooftop units bought for homes according to Bloomberg New Energy Finance.  The tariffs are projected to cut U.S. installations by 11% over the next… Read more