Jan 18, 2018

9th Circuit: EPA Must Update Its Lead Dust Standards

Dust Clean Up

In another blow to the Administration’s deregulatory agenda, the 9th Circuit U.S. Court of Appeals ruled on December 27 that EPA has a non-discretionary duty to propose updates to its 2001 lead dust hazard standard.  The Court gave EPA 90 days to issue the proposal, and a year to finalize it.  Community Voice, et al… Read more

Jan 10, 2018

EPA Responds to States Regarding Ozone Nonattainment Areas

Air Pollution

The U.S. EPA missed its October 1, 2017 deadline to designate which areas of the country exceed the National Ambient Air Quality Standards for Ozone under the updated 2015 standards.  Environmental and public health groups sued the EPA for missing its deadline, and the U.S. Court of Appeals for the District of Columbia gave the… Read more

Jan 2, 2018

OSHA’s Silica Rule Upheld on Most Grounds

High Rise Construction Workers

On Friday, December 22, the U.S. Court of Appeals for the District of Columbia Circuit ruled on challenges to OSHA’s new silica exposure standard, rejecting all challenges by industry and one of the challenges by labor unions, but finding that OSHA was arbitrary and capricious in failing to offer good reasons for not including “medical… Read more

Dec 13, 2017

Federal Circuits Are Split on When a CERCLA Section 113 Contribution Claim Can Be Pursued

Court of Appeals

The 9th Circuit Court of Appeals recently reinforced a Circuit split on what kind of settlement agreement allows a claimant to pursue a contribution claim against other PRPs under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In Asarco v. Atlantic Ritchfield, (9th Cir. 8/10/17), the Court held that Congress did… Read more

Dec 4, 2017

Supreme Court to Hear Arguments in Solar Power Dispute

Solar Panels

The Supreme Court of the United States announced on Friday, December 1 that it would hear an Arizona utility’s appeal of a Ninth Circuit Court of Appeals decision[1] ruling that a rooftop solar company’s antitrust lawsuit against the utility may move forward. SolarCity, a wholly owned subsidiary of Tesla Motors, sued Salt River Project, a… Read more

Nov 29, 2017

EPA Fails to Designate Nonattainment Ozone Counties

Ozone Standards

On November 6, 2017, the United States Environmental Protection Agency (“EPA”) announced which counties in the United States currently meet the more stringent 2015 ozone standards, but failed to announce counties which do not meet the new standards.  An estimated 15% of all counties in the U.S. do not meet the new ozone standards; however,… Read more

Nov 15, 2017

EPA Proposes Repeal of the Clean Power Plan

On October 16, 2017, EPA proposed repeal of the Clean Power Plan (“CPP”), more formally known as the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generating Units.” The CPP aims to reduce carbon dioxide emissions from electrical power generation by 32 percent by 2030, relative to 2005 levels, through emissions standards for fossil… Read more

Nov 6, 2017

Landmark Solar Energy Procurement Agreement Approved by Atlanta City Council

Solar Panels

Building on his successful work to establish a previously non-existent market in Georgia for direct sale of electricity from onsite solar systems owned by solar companies, Steve O’Day has represented SGR client Cherry Street Energy in securing, negotiating and preparing its Solar Energy Procurement Agreement (SEPA) to place solar systems on the rooftops of 28… Read more

Nov 1, 2017

EPA Enforcement Action Signals Heightened RMP Oversight

Chemical Storage Sign

In August, EPA announced a Consent Order with ChemArt Company of Lincoln, Rhode Island to correct alleged violations of EPA’s Risk Management Program (RMP) under the Clean Air Act.  The Consent Order included a civil penalty of $221,326 and a supplemental environmental project (SEP) requiring ChemArt to reduce its stockpile of hazardous materials, including chlorine,… Read more

Oct 26, 2017

Federal Court in Rhode Island Invalidates Superfund Unilateral Administrative Order

Map of Rhode Island

The U.S. District Court for the District of Rhode Island has agreed with a PRP that portions of a Unilateral Administrative Order (UAO) for cleanup of the Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island were arbitrary and capricious.  Emhart Industries, Inc. v. New England Container Company, Inc., et al, (August 17,… Read more