dmoore Archives

Oct 26, 2017

Federal Court in Rhode Island Invalidates Superfund Unilateral Administrative Order

Map: Centredale Manor Restoration Project Superfund Site in North Providence, 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, 2017). Although normally, review of a UAO is confined to the administrative record, the Court agreed with a PRP that refused to comply with the UAO that expert testimony outside the administrative record should be considered. After considering the outside expert testimony, the Court concluded… Read more

Aug 1, 2017

New EPA Water Infrastructure Finance Website Open

On July 26, the Environmental Protection Agency (EPA) opened a web-based portal to assist municipalities, counties, and communities in identifying grant, loan and other financial sources for infrastructure. Recent Safe Drinking Water Issues in Flint, Michigan and other communities involving lead in drinking water have increased focus on drinking water infrastructure needs and system investigation and replacement. EPA indicates that the Water Finance Clearinghouse has over $10 billion in water funding sources and over 550 resources to support local water infrastructure projects. Water Finance Clearinghouse consolidates and expands upon existing EPA-supported databases to create a one-stop-shop for all community water… Read more

May 15, 2017

President Trump’s EPA Sends Repeal of WOTUS Rule for OMB Review

The first rule sent by the Trump Administration’s EPA to the Office of Management and Budget for review is the proposed repeal of the Obama EPA’s “Waters of the U.S.” jurisdiction rule under the Clean Water Act. The proposed repeal is the first step in the process of rewriting the rule to narrow its interpretation of the CWA’s jurisdiction. The proposed rule, “Definition of the ‘Waters of the United States’ — Recodification of Preexisting Rules” was sent to OMB on May 2. OMB’s website states that the proposed rule is not “economically significant”, an effort to avoid the application of… Read more

Apr 7, 2017

Coal Ash Decision Expands Clean Water Act to Include Groundwater Discharges

On March 23, the District Court for the Eastern District of Virginia held that Dominion Power’s discharge of pollutants via a groundwater pathway was in violation of the Federal Clean Water Act (CWA). Sierra Club had filed a citizen suit against Dominion, arguing that discharges from coal ash ponds and related facilities were discharging pollutants including arsenic via groundwater to the Elizabeth River. The decision is notable in that prior to the March 23 decision, very few courts had considered the issue of authority under the CWA to address discharges to groundwater. Generally, EPA and state agencies have not sought… Read more

Apr 4, 2016

PHMSA tightening legacy pipeline and consequence area regulations for Natural Gas Pipelines

Pipeline and Hazardous Materials Safety Administration’s (PHMSA) March 16 proposed regulations for natural gas pipeline safety focuses on legacy pipe integrity. Legacy pipe is a type of pipe no longer manufactured and that PHMSA considers to have potential problems related to manufacturing imperfections. Legacy construction techniques are historic practices no longer used for construction or repair, including non-standard fittings and certain joints and couplings. PHMSA’s March 16 proposal would require enhanced inspection and integrity programs for legacy pipelines, and those in a newly created ‘moderate consequence area.’ PHMSA had already required enhanced programs for ‘high consequence areas’ – those with… Read more

Oct 13, 2015

Sixth Circuit Court of Appeals Stays the Waters of the United States Rule

On October 9, the Sixth Circuit Court of Appeals stayed the U.S. Environmental Protection Agency/Corps of Engineers Waters of the United States Rule. That rule reportedly would expand Clean Water Act permitting, enforcement, testing and other requirements to a new group of ditches; buffers to rivers, streams, and wetlands; floodplains, and other areas. The Sixth Circuit held that the group challenging the rule – which included a number of state and local governments including Georgia, Florida, Tennessee, Mississippi, and Alabama – has a “substantial possibility” of prevailing on the merits, specifically regarding two new buffer thresholds added to the rule just… Read more

May 20, 2015

Georgia Denies Permit for Kinder Morgan Pipeline

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 at a rate of up to 167,000 barrels per day. The GDOT’s decision is a major roadblock for the proposed pipeline. However, Kinder Morgan plans to “pursue all available options to move forward with the project.” More details on this story are available in the… Read more